ORIENTAL INSURANCE CO LTD Vs. ROHIT KUMAR SINGH

JUDGEMENT

(1.) THIS appeal seeks to impugn the judgment and award dated 18.09.2004 passed by the learned Motor Accident Claims Tribunal awarding a sum of Rs. 33,45,000/- (including the interim compensation of Rs. 25,000/-) to the respondent No.1/claimant along with interest at the rate of 9% per annum from the date of the institution of the claim petition till the date of realisation.

(2.) THE facts relevant for deciding the appeal as they emerge from the record are that on 27.12.2000, the respondent No.1/claimant along with his friend was travelling in a Maruti Esteem Car bearing No.DL- 8C-A-2431, which was being driven by the respondent No.2 in a rash and negligent manner, without caring for the traffic rules. Resultantly, the respondent No.2 (the driver of the car) could not stop his car at the ESI crossing, between Sector-21A, 22, 24 and 25A, Noida, U.P. and dashed into another vehicle (Tata-407) bearing No.DL-1L-A-5057, which was being driven by the respondent No.4, and which was owned by the respondents No.5 and 6. As a result of the accident, the respondent No.1 and the other occupants of the car sustained grievous injuries. THE respondent No.1 was taken to Kailash Hospital and Research Centre at Noida in an unconscious state, where he remained in the ICU from 27.12.2000 to 24.02.2001 and thereafter in the hospital till 21st March, 2001.

(3.) THE appellant, the insurer of the Esteem Car (the respondent No.3 in the claim petition), also claimed in its written statement that it was not liable to pay compensation as the accident had taken place due to the negligent driving of the driver of the Tata-407. On merits, it denied all the averments contained in the petition, though admitted that Maruti Esteem Car bearing No.DL-8C-A-2431 was insured with it on the date of the accident.