UNITED INDIA INSURANCE CO LTD Vs. NEENA SOMANI

JUDGEMENT

(1.) BY this common order, it is proposed to decide both the aforesaid appeals assailing the judgment of the learned Motor Accidents Claims Tribunal in Suit No.490/04, whereby the learned Tribunal passed an award in the sum of ' 84,29,000/- alongwith interest at the rate of 7% per annum from the date of the filing of the petition. The appellant in the first appeal is, M/s. United India Insurance Co. Ltd., which has prayed for setting aside/modification of the impugned award on a number of grounds, whereas the appellants in the second appeal, are the claimants, who seek enhancement of the award amount on the ground that the quantum of compensation awarded to them has not been calculated in accordance with the well settled principles of law.

(2.) THE concise facts leading to the filing of the present appeal are that a Claim Petition was filed by the parents of one Rahul Somani under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of his death in a road accident which took place in the night intervening 16th/17th August, 1997. On the fateful night, the car of the deceased, being a Maruti car bearing No.DL- 3CA-9612, coming from the side of New Friends Colony, smashed against the back portion of a stationary truck bearing No.HRS-2102 which was parked in the middle of the road on Modi Flyover, resulting in fatal injuries on the person of Rahul Somani, who expired on the spot.

(3.) THE learned Tribunal, after scrutinizing the evidence on record, directed the appellant-Insurance Company to pay the awarded amount on the ground that on the date of the accident the vehicle involved was fully covered under a valid insurance policy, Ex.R2W2/1 in the name of the respondent No.3-insured. THE learned Tribunal further held that cancellation of the FIR pertaining to the accident did not absolve the Insurance Company of its liability to pay compensation to the third party involved in the accident.