NARESH KUMAR GAUR Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Vide the present appeal, the appellant has assailed the award dated 10.05.2013, whereby while awarding the compensation for an amount of Rs.3,75,000/- with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount, Ld. Tribunal granted recovery rights against the appellant and in favour of respondent / Insurance Company.

(2.) Brief facts of the case are that on 01.02.2012, at about 2.15 PM Master Aryan, aged about 3 years (hereinafter referred to as the deceased) was playing in front of D-668, Qutub Vihar, Phase-II, Near Samshan Ghat, Goyla Dairy, New Delhi when he was hit by a car bearing no. DL-9C-AA-0592 (hereinafter referred to as the offending vehicle) after coming on the wrong side of the road and was being driven by its driver at a very fast speed and in a rash and negligent manner without observing the traffic rules.

(3.) Mr. J.S. Kanwar, Ld. Counsel appearing on behalf of the appellant / owner of the offending vehicle submits that the offending vehicle was LMV and registered as a private one. At the time of accident, said vehicle was not carrying any commercial activities and the driver of the offending vehicle was having a valid licence for LMV (NT). Thus, the appellant is not liable to pay any amount of compensation. Even, if it is presumed that the offending vehicle was used for commercial activities even then the driver of the offending vehicle was holding valid licence.