NATIONAL INSURANCE CO LTD Vs. VANDANA

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act') for setting aside the award dtd. 21/12/2012 ('Impugned Award') passed by the Presiding Officer, Motor Accident Claims Tribunal (SE-01), Saket, New Delhi. Vide the impugned Award, learned Claims Tribunal was pleased to award a compensation of Rs. 5,36,032.00 along with an interest @ 9% per annum in favor of the Claimants (Respondent Nos.1 to 4) from the date of filing of the Claim petition till the date of issuance of notice under Order XXI Rule 1 of the Civil Procedure Code. Learned Claims Tribunal further directed the Appellant herein to pay the said compensation amount at the first instance and granted recovery rights in favor of the Appellant against Respondent Nos.5 and 6 (Driver and Owner)

(2.) The Appellant herein is challenging the impugned award limited to their liability to pay the compensation, as according to the Appellant, the offending vehicle was not insured with them at the time of the accident. It is the case of the Appellant that the insurance policy produced by the Claimants was a forged document and hence the Appellant has no liability to pay the insured amount.

(3.) On 20/3/2000, the deceased was travelling in a two-wheeler bearing number DL 3 ST 5261 along with his two friends when he was intercepted by a TATA bus, driven by Shri Manoj Lal/Respondent No.5, bearing registration No. DL-lP-6419. The bus took a sudden right turn without any indication, as a result of which the scooter of the deceased collided with the offending bus. The said offending bus ran over the deceased and caused his sudden death. The deceased, Mr. Arvind Kumar was survived by his widow, minor son and his parents, who are the Respondent Nos. 1 to 4 in the present appeal.