NATIONAL INSURANCE COMPANY Vs. SWARAJ SINGH

JUDGEMENT

(1.) Instant appeal has been preferred against the award dated 22.11.2012, whereby ld. Tribunal has awarded compensation as under: <FRM>JUDGEMENT_162_ILRDLH24_2014_1.html</FRM>

(2.) The brief facts of the case are that on 09.06.2010, respondent no.1/injured was driving a car bearing no. DL-2CW-6859 from Rajinder Nagar, Delhi to Gurgaon, Haryana. On NH-8, one Ankur Anand, who was driving a Swift Car bearing no. DL-2CL-0314 started feeling unwell and losing control of his car. As a result, his car started swerving. Consequently, three cars stopped behind him, i.e. (1) DL-4CR-4903 a Santro Metallic coloured car being driven by Sh. Rohit Gautam, (2) Car no. DL-4C-NE-4664, a Toyota Corrolla Altis Golden Metallic Car, and (3) Ascent Car no. DL-2CW-6859, being driven by respondent no.1/ injured in order to avoid hitting the swift car being driven by Sh. Ankur Anand so that no accident could occur.

(3.) Respondent no. 1/injured had got out of the car to assist Sh. Ankur Anand and also stopped the incoming vehicle on the road to avoid further accident. At that time, a bus no. DL-1PB-7213, being driven by respondent no. 2, Vijay Kumar in a very rash and negligent manner came, which firstly hit DL-4C-NE-4664, a Toyota Corrolla Altis Golden Metallic Car from back and then hit another car DL-4CR-4903 a Santro Metallic coloured car and thereafter hit respondent no. 1 / injured, resultantly, caused grievous injuries to him. He was removed to AIIMS for treatment. Thereafter, an FIR no. 151/2010 was registered against the driver of the offending bus with Police Station Vasant Kunj (South Delhi) on the complaint of Sh. Rohit Gautam, an eye witness of the accident.