NEW INDIA ASSURANCE CO LTD Vs. BABY

JUDGEMENT

(1.) THESE two Cross Appeals arise out of a judgment dated 17.12.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.18,91,265/- was awarded in favour of Respondents No.1 to 5 for the death of Mahesh Chand in a motor vehicle accident which occurred on 11.06.2010.

(2.) FOR the sake of convenience, the Appellant in MAC APP.117/2012 shall be referred to as the Insurance Company and the Appellants in Cross MAC APP.459/2012 shall be referred to as the Claimants.

(3.) THE onus to prove that the offending vehicle was being used for hire and reward was on the Appellant Insurance Company. However, no evidence whatsoever was produced by the Appellant in this regard. On the other hand, R1W1 Harshvardhan's testimony reveals that the owner had invited the deceased as well as R1W1 for a trip to Dehradun. Relevant portion of cross-examination of R1W1 conduced on behalf of the Appellant Insurance Company is extracted hereunder:-