IMPORTANT POINT
The claimants are entitled to compensation as per the insurance contract, limited to Rs.1 Lakh, with an interest rate adjustment to 9% per annum.

JUDGMENT :

(Alok Kumar Verma, J.)

The present Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the insurer against the Award dated 22.11.2011, passed by learned Motor Accident Claims Tribunal/ District Judge, Almora in Motor Accident Claim Petition No.25 of 2009, “Smt. Kavita Sharma and three Others vs. Shri Basant Ballabh and Another”, by which, the learned Tribunal has awarded a total sum of Rs.6,35,000/- as compensation with 6% interest from the date of the petition till its actual realization.

2. The facts relevant for consideration of this appeal is as follows:-

Bhuwan Chandra Sharma, aged about 37 years, was going from Almora to Someshwar on 12.04.2009 on his brother’s motorcycle bearing Registration No.UK01-8195. He had a valid driving license. While saving a cow near Kaprad Band, the said motorcycle met with an accident at around 01:25 p.m. He suffered serious injuries in the said accident. He died while being taken to Almora Hospital in 108 Ambulance. The First Information Report was lodged at police station Someshwar, District Almora. The post-mortem examination of the deceased’s dead body was conducted in the Government Hospital, Almora. The deceased was healthy and fit. He used to sell vegetables and fruits on LRS Road in Almora. He used to earn around Rs.7,000/- per month. The said motorcycle was insured with the appellant. The deceased was only earning member in the family. The claim petition was filed by the wife, two minor daughters and one minor son of the deceased.

3. The written statements were filed before the Tribunal.

4. The Insurance Company, the appellant, has conceded that the said motorcycle was insured with it at the time of the accident.

5. The issues were framed by the Tribunal.

6. The claimant – Smt. Kavita Sharma (PW1) and Sanjay Kumar Joshi (PW2), an eye-witness of the accident, are examined. The FIR was lodged by Sanjay Kumar Joshi (PW2). Basant Ballabh (DW1), the respondent no.5 – opposite party no.1, the brother of the deceased and the registered owner of the said motorcycle, has examined himself before the Tribunal. Hem Chandra Suyal, the Surveyor of the appellant (DW2) and Ramesh Chandra Pant, the Branch Manager of the appellant, (DW3) have been examined on behalf of the appellant – Insurance Company.

7. The Tribunal has awarded the compensation on the heads as follows:-

8. The Tribunal has also awarded 6% per annum interest on the said compensation amount from the date of filing of the petition till its actual payment.

9. Heard Mr. K.K. Shah, learned counsel for the appellant and Mr. Ajay Singh Bisht, learned counsel for the respondents – claimants.

10. Relying upon the judgment of the Hon’ble Supreme Court, in the case of “National Insurance Company Limited vs. Ashalata Bhowmik, (2018) 9 SCC 801”, it is submitted by Mr. K.K. Shah, Advocate that the parties shall be governed by the terms and conditions of the contract of insurance. As per the contract, in case of personal accident, the owner is entitled to a sum of Rs. 1 Lakh only. Therefore, at the most, the claimants may be entitled to Rs.1 Lakh only, the deceased being in the shoes of t