UNITED INDIA INSURANCE CO LTD Vs. KAVITA CHHABRA

JUDGEMENT

(1.) This appeal by the insurance company has been filed against the award of Motor Accidents Claims Tribunal, Shimla in M.A.C. Petition No. 54-S/2 of 1996 decided on 15.1.1997 whereby the claim petition filed by respondent Nos. 1 and 2 under section 163-A of the Motor Vehicles Act (hereinafter referred to as 'the Act') has been allowed and compensation of Rs. 5,19,500 awarded in favour of the claimants.

(2.) The facts necessary for decision of the case are that deceased Sanjay Kumar was the husband of Kavita Chhabra, respondent No. 1 and father of Master Mohit, respondent No. 2. His father, respondent No. 3 was the owner of a jeep bearing No. HP 06-0031. This jeep was insured with appellant insurance company. On 17.7.1994 Sanjay Kumar was driving the aforesaid jeep. It is alleged that suddenly stones fell from the hillside. As a result thereof, jeep went off the road and fell into Sutlej river. Sanjay Kumar died on the spot itself.

(3.) The claimants-respondent Nos. 1 and 2 being the widow and minor child of deceased Sanjay Kumar filed a petition under section 163-A of the Act for grant of compensation.