UNITED INDIA INSURANCE CO. Vs. DILESHWAR YADAV

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "Act of 1988") has been preferred by the appellant calling in question the legality, validity and correctness of the impugned award dtd. 27/10/2021 passed by the 2nd Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short 'Claims Tribunal') in Claim Case No. 298/2019, whereby learned Claims Tribunal has fastened the liability upon the Insurance Company/appellant here to pay the awarded a total sum of 13,47,080/- as compensation for the death of Tejram Yadav who was a mason, aged about 22 years at the time of incident.

(2.) Mr. P.K. Tulsyan, learned counsel for the appellant, would submit that the Claims Tribunal is absolutely unjustified in fastening the liability upon the Insurance Company as the driver of the motor cycle/offending vehicle was not negligent while driving it and the accident has occurred due to rashly and negligently driving of the unknown truck driver against whom charges-sheet has been filed for offence under Ss. 279, 337 and 304-A of the IPC which was closed. He would also submit that the said fact is also proved from the statement of Rinku Kumar (PW-2), pillion rider, sitting with the deceased and respondent No.1 herein on the said motorcycle/offending vehicle. In support of his submission, he would rely upon the decision of the Supreme Court in the matters of Oriental Insurance Co. Ltd. v. Premlata Shukla and Ors., 2007 AIR SCW 3591; Nishan Singh v. Oriental Insurance Company Ltd., AIR 2018 SC 2118 & Anil v. New India Assurance Co. Ltd., AIR 2018 SC 612,.

(3.) Mr. Utsav Mahiswar, learned counsel for the respondents/claimants, would support the impugned award passed by Claims Tribunal and oppose the prayer made by the learned counsel for the appellant.