SHRIRAM GENERAL INSURANCE CO LTD Vs. SANDEEP KUMAR

JUDGEMENT

(1.) This appeal impugns the award of compensation dated 19.05.2017 passed by the learned MACT in Suit No. 176/15 (new MACT case No. 476236/16), on the ground that the identity of the offending vehicle was never established, therefore, there would be no liability on the appellant-insurer to pay any monies in terms of the Award. This issue has been dealt with in the impugned order inter alia as under:-

(2.) What emanates from the preceding discussion is that the identity of the offending vehicle was testified by the co-driver-Tahir. A suggestion put to PW-1 to the contrary was denied. Furthermore, criminal proceedings have been initiated against the offending vehicle in FIR No. 750/2014 filed under section 279/337 and 338 IPC and section 3/181 and 5/181 of the Motor Vehicles Act, 1988. The identity of the offending vehicle had been duly established. Furthermore, perusal of the records would show that on the date of the motor accident i.e. on 07.07.2014, the injured was admitted in Acharyashree Bhikshu Government Hospital, Moti Nagar, New Delhi. It records that he was brought by the Investigating Officer, SI-Manoj, Police Station-Punjabi Bagh. The alleged medical history of the injury is Road Traffic Accident (RTA). From the cross-examination of the co-driver nothing adverse has come about against the assertion of the claimants that the injured vehicle was the offending one.

(3.) In view of the above, no case is made out to interfere with the impugned order. The appeal is without merit and is accordingly dismissed. The pending applications too are dismissed.