NATIONAL INSURANCE COMPANY LTD. Vs. SHYAM SUNDER

JUDGEMENT

(1.) THE Appellant National Insurance Company Ltd impugns a judgment dated 02.02.2011 whereby a Claim Petition under Section 166 of the Motor Vehicles Act filed by the First Respondent was allowed. He was awarded a compensation of Rs. 51,000/- for having suffered injuries in a motor accident which occurred on 17.01.2006. By the impugned judgment, the Motor Accident Claims Tribunal (the Claims Tribunal) held that the accident was caused on account of rash and negligent driving of Taxi No. DL-IT-5649 which was driven by the Second Respondent, owned by the Third Respondent and insured by the Appellant.

(2.) TWO Taxies were involved in the accident. According to the First Respondent's (the Claimant) version, on 17.01.2006 at about 7:30 p.m. he along with his nephew was returning from his office, and when they reached Ring Road within the jurisdiction of P.S. Naraina and were in the process of crossing the road, a taxi No.DL-IT-5652 (Taxi No.1) which was toeing Taxi bearing Registration No.DL-IT-5649(Taxi No.2) came from Raja Garden's side and struck against the First Respondent. He came under wheels of both the Taxies, due to which he suffered fracture of iliac crest. He was immediately removed to Dr. Ram Manohar Lohia Hospital, and was discharged on the next day. The finding on the quantum of compensation is not disputed by the Appellant who was the insurer of Taxi No.2.

(3.) A perusal of the FIR, the examination-in-chief and the cross- examination of the Petitioner would reveal that the First Respondent was not consistent as to the manner in which the accident occurred. The Claims Tribunal held that in cross- examination it was not got clarified by the Appellant as to the manner in which the accident took place. The drivers of the two Taxies did not enter the witness box to give their version of the accident. Thus, as stated earlier, in para 26 the Claims Tribunal observed that the accident was caused on account of composite negligence of both the drivers. The Claims Tribunal dealt with the evidence on negligence as under: