RELIANCE GENERAL INSURANCE CO LTD Vs. MAMTA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the Award dtd. 26/10/2015 (hereinafter referred to as the 'Impugned Award') passed by the learned Motor Accidents Claims Tribunal, West-01, Delhi (hereinafter referred to as the 'Tribunal') in Suit No.19/09, titled as Smt. Mamta and Ors. v. Sh. Rahul Khanna and Ors.

(2.) The appellant has challenged the Impugned Award on the following grounds:

(3.) As regards the issue of the offending vehicle being driven in a rash and negligent manner and resulting in the accident in question, the learned counsel for the respondents/claimants has rightly placed reliance on the statement of the brother of the deceased, Mr.Dinesh Kumar, who not only identified the offending vehicle and its driver, but also stated that the driver, in acceptance of his liability, paid a sum of Rs.25,000.00 to the respondents/claimants for the medical treatment of the deceased, who at that time was alive and undergoing treatment. FIR No.604/13, P.S. Punjabi Bagh, under Ss. 279/304 of the Indian Penal Code was lodged against the driver of the offending vehicle. The manner of the accident, the involvement of the offending vehicle, and the same being driven in a rash and negligent manner thereby resulting in the accident, was not disputed before the learned Tribunal by the respondent nos.5 and 6, that is, the driver and the owner of the offending vehicle. It is not the case of the appellant that there was any connivance between the Claimants and the driver or the owner of the offending vehicle. In absence thereof, the appellant cannot be heard in challenge to the finding of the learned Tribunal on the issue of accident being caused by the rash and negligent driving of the offending vehicle.