MAHENDER SINGH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) An interesting question as to the interpretation of Section 149(2)(a)(i)(c) of the Motor Vehicles Act, 1988 arises in this case as while awarding a compensation of Rs. 1,83,000/- in favour of the Second Respondent, recovery rights were granted against the Appellant owner of the TSR No.DL-1W-0025. It is alleged that the TSR was involved in the accident which occurred on 25.03.2006 resulting in the death of Naushad, a bachelor aged 24 years.

(2.) A Claim Petition under Section 163-A of the Motor Vehicles Act was preferred by the Second Respondent claiming a compensation of Rs. 10,00,000/- for the death of her son. The Respondent No.2 examined ASI Krishan Kumar, P.S. Sultanpuri, IO of the case in FIR No.444/2006 registered in respect of the accident. His testimony regarding involvement of the vehicle (DL-1W-0025) was not challenged in the cross-examination by the Appellant. The Claims Tribunal returned a finding that the accident was caused on account of use of vehicle No.DL-1W-0025 and awarded the compensation as stated above.

(3.) A feeble attempt was made by the learned counsel for the Appellant to challenge this finding of fact. However, I do not find any reason to take a view other than the one reached by the Claims Tribunal in view of the IO's unchallenged testimony.