NEW INDIA ASSURANCE CO LTD. Vs. CHANDESHWAR SAHNI

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 23.04.2012, whereby Ld. Tribunal awarded compensation for a sum of Rs.3,25,000/ - with interest @ 9% per annum from the date of filing of the petition till realization of the amount.

(2.) LD . Counsel appearing on behalf of the appellant / insurance company argued the instant appeal on the sole ground that driver of the offending vehicle was not holding valid driving licence on the date of accident, despite that Ld. Tribunal has not granted recovery rights in their favour and against respondent nos. 3 and 4, i.e., the driver and owner of the offending vehicle.

(3.) THE brief facts of the case are that on 14.03.2006 at about 1.10 PM, the deceased along with her mother was going from her residence at X -Block, Mangolpuri, Delhi towards Dr. Umed Kapoor Clinic for taking medicines. When they reached at X -Block and crossing the road that goes towards K -Block side, suddenly a TSR bearing NO. DL -1LF -7010 (Delivery Van VIKRAM) which was being driven by its driver / respondent no. 3 at a very high speed, rashly and negligently without blowing horn and in contravention of the traffic rules came from ST Road 'J ' Block, i.e., right side and hit the deceased with great force. As a result of the forceful impact, the deceased fell down on the road and sustained grievous injury on her body. The deceased was removed to Sanjay Gandhi Memorial Hospital, Mongol Puri, Delhi, where she succumbed to the injuries on 16.03.2006.