NATIONAL INSURANCE CO. LTD. Vs. VIDYA DEVI
LAWS(HPH)-1997-7-14
HIGH COURT OF HIMACHAL PRADESH
Decided on July 29,1997

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
VIDYA DEVI Respondents


Referred Judgements :-

BHARAT SINGH VS. BHAGIRATHI [REFERRED TO]



Cited Judgements :-

UNITED INDIA INSURANCE CO LTD VS. GANGA RAM [LAWS(HPH)-1999-6-5] [REFERRED TO]


JUDGEMENT

A.L.VAIDYA,J. - (1.)THE present claimant respondent Nos. 1 to 7 preferred a petition under Sections 110A and 92A of the Motor Vehicles Act, 1939 for the grant of compensation against the present appellant, insurance company and respondent Nos. 8 and 9, who were the owner and driver respectively of the vehicle involved in the accident.
(2.)DEV Raj deceased was alleged to be travelling in a tractor bearing registration No. HPK 5036 on 23.9.1987. The tractor was owned by respondent No. 8 and it was being driven by respondent No. 9 at the time of accident. It was alleged that due to the rash and negligent driving of the tractor by the driver the accident took place on 23.9.1987, wherein this deceased Dev Raj suffered injuries and as a consequence whereof he died on the next day. The claimants claimed Rs. 4,00,000/ as compensation.
The petition was contested by the insurance company and other respondents also.

(3.)THE Claims Tribunal, after the trial, passed the following award in favour of the claimants on 31.10.1988:
I, accordingly, proceed to make an award of Rs. 72,000/ (Rupees seventy two thousand only) in favour of the petitioners and against the respondents jointly and severally which includes an amount of Rs. 15,000/ under Section 92 A of the Motor Vehicles Act. Out of this amount of compensation, minor respondent Nos. 4 to 7, namely, Suman Kumar, Thalu Ram, Kaka and Asha shall be entitled to Rs. 10,000/ each. Vidya Devi, the widow shall be entitled to Rs. 20,000/ . The parents Atma Ram and Thokri Devi shall be entitled to Rs. 6,000/ each. The compensation in respect of the minors shall be deposited in the Government securities bearing maximum interest. The amount of compensation awarded to the minors shall not be withdrawn by the guardian except for the welfare of the minors and with the leave of the Tribunal. The minors shall be entitled to draw their undisbursed amount after attaining the majority. If the amount of compensation in respect of the minors is not withdrawn till the period of maturity of the Government securities, it shall be automatically reinvested till withdrawn in accordance with the award. The respondents shall also pay costs of this petition assessed at Rs. 500/ . If the amount of compensation is not paid within one month from today, the respondents shall be liable to pay interest at the rate of 12 per cent per annum from the date of award till the realisation of the amount in full....



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