NATIONAL INSURANCE CO. LTD. Vs. SANGEETA K. MITHAL

JUDGEMENT

(1.) The instant appeal is preferred against the impugned award dated 17.11.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.49,73,576/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.

(2.) Brief facts of the case are that on 22.12.2001, Shri Kalp Mithal, the deceased was going to Faridabad in a Car bearing No.HR 51 H 3878, being driven by his friend Shri Rahul Malik, i.e., respondent No.5. The weather was foggy. The offending vehicle was being driven in a rash and negligent manner by respondent No.5. When at about 1.30 am, they reached at NHPC Chowk, Mathura Road, Faridabad, respondent No.5 could not see the vehicle from the left side due to which the offending vehicle bearing No. HR 51 H 3878 was hit by a TATA-407 which had come from the left side. As a result of the impact, the deceased suffered multiple injuries. He was removed to Apollo Hospital, where he was declared brought dead.

(3.) It is pertinent to note that the offending vehicle was owned by respondent No.6 and insured with the appellant company.