NATIONAL INSURANCE COMPANY LIMITED Vs. SUNITA DEVI

JUDGEMENT

(1.) The present is an appeal preferred by the Insurance Company, which is directed against judgement and order dtd. 2/5/2016 passed in Motor Accident Claims Appeal No. 451 of 2007, by the High Court of Delhi, dismissing the appeal of the appellant herein and confirming the judgment and award dtd. 20/4/2007 passed by Motor Accident Claims Tribunal, Delhi in Suit No. 64 of 2006.

(2.) In an accident occurred on 22/8/2005 at about 3.30 p.m., one Dheeraj Singh died. He was driving motorcycle bearing No. HR-60 4688 along with a pillion rider. The motorcycle was hit from behind by the speeding truck bearing registration No. HR 46 A 1020 - offending vehicle. The deceased fell down on the road and was ran over by the offending vehicle.

(3.) The Tribunal in its judgment recorded the finding that it was the driver who was rash and negligent in driving to be solely responsible for causing the accident. The Tribunal further concluded that the insurance policy stood cancelled on account of non-payment of the premium and resultantly the insurer was not liable. However, the Tribunal directed the appellant-insurance company-original Respondent No. 3 to pay the compensation in the first instance and accorded it the right to recover the amount from Respondent No. 2-Owner. The High Court was of the view that no ground existed to interfere with the judgment and award of the Tribunal, consequently, dismissed the appeal as meritless.