ORIENTAL INSURANCE CO. LTD. Vs. PARAS SINGHAL

JUDGEMENT

(1.) THE present appeal is directed against the impugned Award dated 30.07.2005 whereby Learned Tribunal granted compensation of Rs. 13,69,568/ - with interest @ 9% per annum from the date of framing of the issues, i.e., 21.04.2004 till realisation.

(2.) IT is pertinent to mention that initially, the claim petition was filed under section 163 -A of the Motor Vehicles Act and subsequently, it was amended and converted into a petition under section 166 of the M.V. Act.

(3.) HE submitted that on 03.02.1999 at about 6 p.m., respondent No. 3 Dr. Mahendra Kumar was driving the two wheeler scooter No.DDP - 7020; and his wife, the deceased Smt. Mamta Gupta, was the pillion rider on the said scooter. When they reached at Outer Ring Road after Railway Flyover, near Azadpur bye pass, Delhi, a vehicle No. HR -26 - 2990, being driven rashly and negligently, came from behind and hit the said scooter, due to which the deceased Smt. Mamta Gupta suffered grievous injuries and died at the spot. The driver of the vehicle No. HR -26 -2990 fled away from the place of accident along with the vehicle and remained untraced. Initially, the claim petition was filed under Section 163 -A of Motor Vehicles Act. Thereafter, the claimants amended the claim petition and converted into under Section 166 of Motor Vehicles Act.