UNITED INDIA INSURANCE CO. Vs. SAVITRI DEVI

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dated 20.04.2004 passed by Judge, Motor Accident Claims Tribunal, Sangariya, Distt. Hanumangarh (for short 'the Tribunal' hereinafter) in MACT Claim NO.18/2002 (63/2000), whereby compensation of Rs. 1,99,000/- has been awarded to the claimants and the appellant-company has been held liable to pay the entire compensation.

(2.) Brief facts of the case are that on 19.02.2000 at about 6:30 A.M., deceased-Surendra Kumar proceeded towards Chak D.J.M., Ramsinghpur Mandi in jeep No.RJ- 14C-4562 and at about 11:30 AM when he reached near 49GB Bus Stand, suddenly the rear tire of the jeep burst and on account of that, the jeep driven by Surendra Kumar turned turtle due to which, he suffered fatal injuries. A first information report of the incident was filed at Police Station, Ramsinghpur, Distti Sri Ganganagar and the police filed the FR in respect of the said accident.

(3.) Respondents No. 1 to 4 wife and children of the deceased Surendra Kumar filed a claim petition and claimed compensation of Rs. 41,85,000/-. In the claim petition, the owner of the jeep - Narendra Kumar and Insurance Company were made party - respondents. On the basis of pleadings of the parties, the Tribunal framed as many as six issues and after taking evidence of the parties, passed the award dated 20.04.2004 and ordered for payment of compensation of Rs. 1,90,000/- with the interest at the rate of 6% per annum from the date of filing of the claim petition. The liability of paying the compensation was fastened upon the appellant.