NATIONAL INSURANCE COMPANY LTD Vs. ANIL KUMAR

JUDGEMENT

(1.) DELAY of 24 days and 90 days in filing the respective Appeals is condoned. The Applications are allowed.

(2.) THE Appellant National Insurance Company Limited impugns a judgment dated 08.10.2009 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.1,83,000/ - and Rs.36,900/ - was awarded in favour of the First Respondents in the respective Appeals.

(3.) THE First Respondents in both the Appeals appeared as their own witnesses (as PW -1) and deposed about the manner in which the accident took place. They testified that while travelling in Tata 407 No.HR -46A - 8945 when they reached at the inter section of Sector 4 and 5 Dwarka, the offending truck No.HR -63 -5015 came from the side of Rajapuri. It (the truck) was being driven by Respondent No.2 in a rash and negligent manner. It struck against Tata 407 with such a great force that their vehicle (Tata 407) turned turtle. There was no rebuttal to the testimony of the two injured. On the basis of FIR No.82/2005 registered at Police Station Dwarka, a report under Section 173 Cr.P.C. was also filed against the Second Respondent, the driver of the offending truck. The Second Respondent did not come forward to give his version as to how the accident took place. Thus, the negligence for the purpose of a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) was sufficiently established. The finding reached by the Claims Tribunal cannot be faulted. LIABILITY