NATIONAL INSURANCE CO. LTD. Vs. RAVI PRAKASH MISHRA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the Award dtd. 27/2/2018 (hereinafter referred to as the "Impugned Award") passed by the learned Motor Accident Claims Tribunal-01, North-West District, Rohini Courts, Delhi (hereinafter referred to as the "Tribunal") in MACT Case no.449279/2016, titled Ravi Prakash Mishra v. M/s Adventure Securities Services Pvt. Ltd. and Anr.

(2.) In the Claim Petition, it was the case of the respondent no. 1 that he is an employee of the respondent no. 2 herein, that is, Adventure Security Services Pvt. Ltd. On 17/2/2006, the respondent no.1 along with one guard, namely Shri Manjay, was going on a motorcycle bearing registration No.DL-8SAB-7792, which was registered in the name of the respondent no. 2, for some office work. The motorcycle was being driven by the respondent no.1. At about 3.30 a.m., when they reached near Prem Bari Pul, Keshav Puram, Delhi, the motorcycle hit the divider due to heavy fog and less visibility and the respondent no.1 suffered grievous injuries. The Police Control Room van took the respondent no.1 to the Trauma Centre, Delhi. The respondent no.1 remained under treatment from 17/2/2006 till 16/3/2006. In the said accident, the respondent no.1 lost both his eyes and there was a loss of jaw and facial deformity. The Disability Certificate issued by the Guru Nanak Eye Hospital, New Delhi states that the respondent no.1 has suffered 100% permanent disability.

(3.) The appellant challenges the Impugned Award on the ground that the respondent no.1 was himself driving the motorcycle, which is owned by the respondent no.2. The respondent no.1 has, therefore, stepped into the shoes of the owner/respondent no.2, who is also the employer of the respondent no.1. The appellant contends that the respondent no. 1, therefore, cannot be considered as a "third party" and the appellant is not liable to pay the compensation under the "Act Policy".