ORIENTAL INSURANCE CO. LTD Vs. VIKRAM SINGH

JUDGEMENT

(1.) Allowed, subject to all just exceptions. MAC.APP. 501/2023 & CM APPL. 58374/2023

(2.) This appeal has been filed challenging the Award dtd. 11/8/2023 (hereinafter referred to as the 'Impugned Award') passed by the learned Motor Accident Claims Tribunal-01, West District, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Tribunal') in MACT Case No. 521/2017, titled Vikram Singh and Ors. v. Amit Kumar and Ors.

(3.) The above Claim Petition has been filed by the respondent nos.1 to 3 herein contending that on 3/12/2016, the respondent nos.1 to 3 along with the deceased-Smt. Kavita were travelling to their village in a Taxi Car bearing registration No. UK14TA0142 (hereinafter referred to as the 'Swift Car') to attend a marriage ceremony. When they reached Raiwala, near Satya Narayan Mandir, Dehradun, Uttarakhand, the Offending Vehicle, that is, a truck bearing registration no. UK08CA6078, came at a very high speed and in a rash and negligent manner and hit the Swift Car in which the claimants were travelling. Due to the accident, the deceased and the respondents nos.1 to 3 sustained injuries. The deceased was shifted to the Jolly Grant Himalayan Hospital, from where she was shifted to the Jaipur Golden Hospital, Rohini, Delhi. She was later shifted to the Sehgal Hospital, Mira Bagh, Delhi, and from where to the DDU Hospital. During the treatment at the DDU Hospital, she expired on 9/1/2017.