UNITED INDIA INSURANCE CO. LTD. Vs. RAJNEESH SINGH

JUDGEMENT

(1.) This appeal is under Sec. 173 of the Motor Vehicles Act, 1988 assailing order dtd. 27/11/2014 in MACT No. 358/2012 titled as "Rajneesh Singh v. Dharamvir Sing and Ors." passed by the Ld. Motor Accidents Claims Tribunal, North East District, Karkardooma, Delhi. The Ld. Tribunal awarded a total compensation amounting to Rs.94,35,950.00to the respondent/claimant against which the appellant insurance company has come up in appeal.

(2.) The incident occurred at about 4:30 a.m. when respondent No. 1 (then aged 23 years) was travelling with his father on a motorcycle driven by respondent No. 1. They met with an accident with a Tavera Car No. DL-1YB-9593. Respondent No. 1 and his father were immediately taken to GTB Hospital, Shahdara by a PCR Van. Father of the respondent No. 1 was declared brought dead on arrival. Respondent No. 1 sustained head injury and other severe bodily injuries. FIR No. 73/2012 under Sec. 279, 338 and 304 (A) IPC, PS New Usmanpur came to be registered against the driver Dharamvir Singh (respondent No. 2), who was later arrested.

(3.) From 22/3/2012 till 15/5/2012, respondent No. 1 remained admitted at Max Healthcare Super Specialty Hospital, Indraprastha Extension, Patparganj, Delhi and then from 15/5/2012 to 19/6/2012 at Indira Gandhi ESI Hospital, Jhilmil. On 6/10/2012, the MACT case was filed before the Ld. Tribunal. Evidence was led by respondent No. 1 and he examined himself (PW-1), an officer from Institute of Chartered Accountants of India, ICAI (PW-2), representative from Max Hospital (PW-3), and Dr. Tarun Vijay (PW-4).