NATIONAL INSURANCE COMPANY LIMITED Vs. SARITA & ORS

JUDGEMENT

(1.) The present appeal has been preferred against the impugned award dated 28.02.2013, whereby Ld. Tribunal has awarded compensation for an amount of Rs.27,12,995/- with penal interest @ 12% per annum on account of delayed payment from the date of filing of the DAR till the date of deposit of the amount.

(2.) Brief facts of the case are that on 09.07.2012 at about 8.20PM, victim Prasenjit Biswas @ Sanjeev was coming from Gurgaon to his residence on his motorcycle bearing registration no. DL-9SF-7493. When he reached near Toll Tax, Rajokri Flyover on NH-8, a van bearing registration no. UP- 16-J-6977 was being driven by its driver in a rash and negligent manner came from backside and after overtaking the motorcycle of the victim, all of a sudden the driver of the offending van brought his vehicle in front of the motorcycle and applied sudden brake. Due to this negligent act, the motorcycle of the victim dashed into the backside of the offending vehicle. As a result, the victim along with his motorcycle fell down on the road and sustained grievous injuries on his body. He was removed to hospital by PCR, where his medico-legal report no. 318424 dated 09.07.2012 was prepared and on 10.07.2012, he succumbed to his injuries. The post-mortem of the body of the victim was conducted vide PM. NO. JC-477/12.

(3.) Regarding the accident in question, an FIR No.208/2012 dated 10.07.2012 was lodged at Police Station-Vasant Kunj. After investigation, chargesheet under Section 279/304A IPC was filed against the driver of the offending van.