NEW INDIA ASSURANCE CO. LTD. Vs. BIBHA DEVI

JUDGEMENT

(1.) This appeal has been filed challenging the Award dtd. 29/1/2021 (hereinafter referred to as the 'Impugned Award') passed by the learned Motor Accident Claims Tribunal, (South- District), Saket Courts, New Delhi (hereinafter referred to as the 'Tribunal') in MACT No. 76120/2016 titled as Smt. Bibha Devi @ Vibha Kumari and Ors. v. Gopi Ram and Ors.

(2.) The claim petition was filed by the Legal Heirs of the deceased-Santosh Kumar under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') stating that on 15/7/2016 at about 10.00 AM the deceased was going on his motorcycle from his residence at Sangam Vihar, New Delhi to Faridabad. When he reached near Erose Garden, Surajkund, Faridabad, suddenly, a Dumper bearing registration no.HR-74-1533 (hereinafter referred to as the 'Offending Vehicle') came from the back side and hit the vehicle of the deceased and he was crushed under the Offending Vehicle. The deceased was taken to the B.K. Hospital, Faridabad from where he was referred to the Safdarjung Hospital, where he died on 16/7/2016. The learned Tribunal on the basis of the evidence led before it, held that the accident had occurred due to the rash and negligent driving of the Offending Vehicle by the driver/respondent no.6 herein, and awarded Rs.38,58,800.00 in favour of the claimants/respondent nos.1 to 5 herein. RIGHT OF RECOVERY

(3.) The appellant challenges the Impugned Award contending that the learned Tribunal has erred in not granting a right in favour of the appellant herein to seek reimbursement of the compensation paid by the appellant to the respondent nos.1 to 5 herein from the respondent nos.6 and 7.