Judge Madan Kumar directed theNational Insurance Company, Mandi, the insurer of the car, to pay Rs 1.48 crore along with interest @ 9% (from the date of filing of petition till the amount was paid )toTrish Sharma, son, Hanuv Sharma, daughter (both minors) and Arvind Sharma (husband) the family members of deceasedDr Ruby Bindra.
As per facts of the case, Dr Ruby Bindra (37), who was serving as Assistant Professor(Pathology) in Indira Gandhi Medical College Shimla, was coming to Mandi from Shimla in a car on October 22, 2012 along with her children when thevehicle fell in a gorgenear Arki in district Solan on account ofrash and negligent driving of Khajan Singh (driver- cum-owner ofthe car). Dr Bindra died on the spot.
The insurancecompanyalleged that the deceased was travelling as a passenger in the private car so the insurance company was not liable to pay anything as the vehicle was being used in contravention of insurance policy.
The driver-cum-owner has stated that the deceased was not travelling in his car as a passenger and at the time of the accident thevehicle was insured with National Insurance company and all the documents were in order.
Also Read
The court observed thatthe deceased was 37 years of age and was employed as a doctor and was earning Rs 93,139/- per month as salary.
The court ordered that out of total amount 45% of amount will be payable to both the children each and rest 10% to the husband who was also serving as a doctor.
It was further ordered that the amount would be deposited within 45 days from the passing of order.