- (1.) National Insurance Company Limited has filed the present appeal assailing the award dated 17.11.1993 passed by the Motor Accident Claims Tribunal, Bathinda (in short "the Tribunal") whereby a compensation of Rs. 1,35,000/- has been awarded to the dependents of deceased Major Singh.
(2.) The facts relevant for adjudication of the present appeal as narrated therein are that deceased-Major Singh was running a workshop under the name of Dashmesh Body Builder at Sardulgarh. On 7.10.1991 at 7.00 PM, Lal Singh-respondent No.5 took his bus bearing registration No. PAB-2355 belonging to Dhillon Roadways (Regd), Mansa-respondent for repair. When the deceased was approaching the bus to enquire about the defect, the diesel tank of the bus exploded at once and the bus caught fire. The deceased sustained burn injuries and later on died in the Civil Hospital, Mansa. According to the claimants, the police colluded with the owner and driver of the vehicle in question and did not register a case. The deceased was a mechanic and used to earn Rs. 3000/- per month. Accordingly, the claimants filed a petition for claiming compensation of Rs. 5 lacs. Two separate replies were filed, one by the owner and driver of the vehicle and the other by the Insurance Company by controverting the averments made in the claim petition and prayer was made for dismissal of the claim petition. However, the vehicle being insured with the Insurance Company was admitted. From the pleadings of the parties, the Tribunal framed the following issues:- "1. Whether the death of Major Singh (wrongly written as Mithu) was due to rash and negligent act of driving of respondent No.2? OPP 2. If issue No.1 is proved, to what amount of compensation the claimants are entitled to and from whom? OPP 3. Whether the claim petition is legally maintainable? OPP 4. Whether Major Singh (wrongly written as Mithu) died due to his own negligence and carelessness? OPR 5. Whether respondent No.2 has no valid driving licence at the time of the alleged accident? OPR 6. Whether the owner of the vehicle had no valid registration certificate etc.? OPR 7. Whether the claim petition has been filed in collusion with respondents No.1 and 2? OPR 8. Whether the claim petition is bad for mis-joinder of parties? OPR 9. Relief."
(3.) The Tribunal took issues No.1, 3 and 4 being interconnected and on appreciation of the evidence led by the parties, decided in favour of the claimants holding that Major Singh did not die due to his own negligence and carelessness. Issue No.2 was decided in favour of the claimants holding them entitled to a compensation of Rs. 1,35,000/-. Issues No.5 to 9 were also decided against the respondents i.e., owner, driver and Insurance Company. Accordingly, the claim petition was allowed vide award dated 17.11.1993 and a total compensation of Rs. 1,35,000/- along with interest at the rate of Rs. 12% per annum from the date of application till its realization was awarded to the claimants. Feeling aggrieved, the Insurance Company has approached this Court by way of instant appeal.;