ORIENTAL INSURANCE COMPANY LTD Vs. KAMLA DEVI

JUDGEMENT

(1.) THE Insurance company challenges the award made by the learned Motor Accident Claims Tribunal, Shimla awarding a sum of Rs. 2,88,000/- along with interest at the rate of 8% per annum from the date of its institution till payment.

(2.) THE claimant is widow of the deceased, who was travelling in the ill-fated vehicle which met with the accident on 15.9.2000. The claimant states that her deceased husband Shri Bhagat Ram was working as Class-IV in the office of Divisional Organizer, S.S.B., Shimla and was paid Rs. 5805/- per month. He used to have agriculture income of Rs. 6000/- per month. On 15.9.2000 the deceased was travelling from Namhol to his house where sand was required for construction work of his house and as such he was travelling in the ill-fated vehicle No. HP-11-2762 along with the sand. The driver of the vehicle, respondent No. 2 Parveen @ Kallu, was negligent and rash, as a result of which, the truck skidded of the highway in Chabru (Tapra) at about 7.45 PM. Shri Bhagat Ram suffered multiple injuries of serious nature and died on the spot before he could be taken to the hospital for medical treatment etc.

(3.) IN this appeal, what has been urged before me is that the learned Tribunal was in error in deciding the issue of res- judicata as also the infringement of the insurance policy contrary to the evidence on record. Learned counsel appearing for the appellant submits that the petition was clearly barred by principles of res-judicata. The learned Tribunal holds that since the petition was dismissed in default, there was no adjudication on merits and in these circumstances, there could be no bar for instituting the present petition.