NEW INDIA ASSURANCE CO LTD Vs. SANJAY SINGH

JUDGEMENT

(1.) In this case, a claim petition under Section 140 & 166 of the Motor Vehicle Act has been filed against the order dated 30th March, 2012 of the Tribunal whereby, the Tribunal has granted a compensation of Rs.1,69,300/- and fixed the liability to make the payment upon the appellant.

(2.) The Tribunal has reached to the conclusion after the inquiry into the matter that, on 11th October, 2009, the claimant was driving a Car No. DL- 3CZ-5249 and was going to his residence at Pratap Nagar. When he reached at Hindon Nehar ki patri in front of Mulla Colony, Delhi, a tractor No. UP- 24J-8736 came in a very high speed and being driven in a rash and negligent manner from Kondli Pull side and hit his car. As a result, the claimant suffered fractures of both bones of leg. The claimant was removed to the hospital. An FIR No. 430/2009 was registered for the offence punishable under Section 279/338 IPC.

(3.) The contention of the Insurance Company, before the Tribunal was that there had been a violation of the Insurance Policy as the driver was not holding a valid and effective driving licence and also there was a breach of the terms and conditions of the policy.