LAWS(DLH)-2011-8-20

NATIONAL INSURANCE CO LTD Vs. SHEELA

Decided On August 03, 2011
NATIONAL INSURANCE CO.LTD. Appellant
V/S
SHEELA Respondents

JUDGEMENT

(1.) The Award impugned is the Award dated 26.8.2008 whereby the legal heirs of deceased Davinder had been awarded compensation in the sum of Rs.2.90,400/- along with interest @ 7.5 % per annum. This claim petition had been filed under Section 163A of the M.V.Act .

(2.) Facts were that on the intervening night of 17/18.4.2005 Davinder @ Babloo and Lakshman along with their friend were going on their motorcycle; the motorcycle suffered an accident an unknown vehicle hit the motorcycle from behind as a result of which the motorbike and the riders were thrown of balance. Davinder and Lakshman fell down; they were crushed by some unknown vehicle; they both died. The vehicle was being driven by Lakshman; Davinder was the pillion rider. Sheela is the claimant of deceased Davinder.

(3.) The appellant has filed the appeal assailing the award on three grounds; first contention is that the deceased Lakshman has no valid driving licence; secondly there was a breach of condition of the policy; three persons were sitting on the motorcycle at the time when the accident occurred; and lastly that it was hit and ran case as such the claim cannot be entertained under Section 163A of the M.V.Act; claim could only have entertained under Section 163 of the M.V.Act for which there is a fixed compensation of '50,000/-.