- (1.)Instant appeal having been filed by the appellant-Insurance Company lays challenge to Award dated 8.8.2019 passed by learned Motor Accident Claims Tribunal, Nalagarh, District Solan, Himachal Pradesh in Claim Petition No. 26- NL/2 of 19/15, whereby learned Tribunal below, while allowing the claim petition having been field by respondents Nos. 1 to 3/claimants (hereinafter, 'claimants'), saddled the appellant-Insurance Company with liability to pay a sum of Rs.14,41,300/- with interest at the rate of 9% per annum, being insurer.
(2.)Precisely the facts of the case as emerge from the record are that the claim petition under S.166 of the Motor Vehicles Act came to be filed on behalf of the claimants, who happen to be mother, father and brother of deceased, Deepika, on account of her death in an accident on 5.12.2014 at plac near Petrol Pump, Village Dhanana, on account of rash and negligent driving of Bus bearing registration No. HR-61B-7133 of Haryana Roadways being driven by respondent No.6. On 5.12.2014, while the deceased alongwith her father, mother, brother and other relative was going in a Nano car bearing registration No. HP12D-0108 being driven by her father, from Bhiwani to Kaithal, aforesaid bus, while over taking another vehicle, collided with the Nano car, as a consequence of which, occupants of the car sustained injuries. Unfortunately, deceased Deepika died on the spot. FIR No. 872/2014 under Ss. 279, 337 and 304-A IPC was registered against respondent No. 6. Claimants being dependents of the deceased filed a claim petition claiming therein compensation, on account of death of Deepika, averring therein that they spent Rs.15,000 on last rites of the deceased and for bringing her dead to her native place. Besides above, claimants also claimed that the deceased was a student, doing work of tailoring etc. apart from agricultural work as such, was earning more than Rs.20,000/- per month.
(3.)Respondents Nos. 1 and 2 filed separate replies denying accident in question and claimed that a false FIR stands lodged against respondent No.6.
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