RELIANCE GENERAL INSURANCE CO LTD Vs. POONAM RANA

JUDGEMENT

(1.) This petition has been filed assailing the impugned award dtd. 7/8/2015 in MACT 366/2013 tilted as Smt. Poonam Rana and Ors. v. Dilip Mahato and Ors., passed by the Ld. Presiding Officer, Motor Accident Claims Tribunal, Rohini Courts, Delhi. As per the impugned award, the appellant was directed to pay an amount of Rs. 44,21,835.00 along with interest at the rate of 9% per annum from the date of the institution of the petition i.e. 5/2/2013 till the date of realization as compensation to the respondents.

(2.) The appellant is an insurance company. Respondent nos. 1 to 4 filed claim petitions under Sec. 140 and 166 of the Motor Vehicles Act, 1988 (MV Act) seeking compensation from respondent nos. 5 and 6 and the appellant herein owing to the accident which occurred on 24/11/2012, wherein deceased Deepak Rana (husband of respondent no.1) suffered grievous injuries and later passed away.

(3.) The accident occurred at about 11:45 AM at Pooth Khurd, Firki Road Crossing near Rajeev Vatika, Balraj Farm House, Delhi. FIR No.390/2012 under Sec. 279/304A of Indian Penal Code, 1860 (IPC) was registered at PS Bawana against respondent nos. 5 and 6, respectively driver and the owner of the offending vehicle (Truck bearing No. DL 1CB 7115). As per the claimants, the deceased was proceeding towards Pooth Khurd Village, when at about 11:45 a.m the offending vehicle, driven rashly and negligently by its driver, came from the front side and hit the deceased. The deceased fell on the road sustaining grievous injuries, was moved to MV Hospital, but could not survive and succumbed to the injuries.