NATIONAL INSURANCE CO. LTD Vs. ANIL KUMAR

JUDGEMENT

(1.) This instant appeal is preferred by the appellant/Insurance Company in terms of Sec. 173 of the Motor Vehicles Act, 1988 assailing the impugned judgment-cum-award dtd. 24/5/2013 passed by the learned Presiding Officer - Motor Accident Claims Tribunal (South-01), Saket Courts, New Delhi2 in MACT suit/case No. 28/2012, whereby the learned Tribunal has awarded compensation to the claimants and fastened the liability upon the insurance company to pay the amount to the claimants.

(2.) Succinctly put, the injured Sh. Anil Kumar, aged 28 years on the fateful day dtd. 14/1/2008, met with an accident, when at about Act, he was travelling in a car bearing registration No. DL-9CL- 1113, which was being driven by Manoj Yadav in a rash and negligent manner. When the car reached at NH-8 near D-Mark Hotel Flyover, the driver, in an attempt to overtake the truck, hit the car into the divider. As a result, the injured sustained grievous injuries and was removed to the hospital. Subsequently, FIR3 No. 31/108 dtd. 14/1/2008 was registered under Sec. 279/337/338 of the Indian Penal Code, 18604 with PS Vasant Kunj, Delhi.

(3.) Upon service of notice of the petition, Manoj Yadav/respondent No.1 along with Parbhati Lal Yadav/respondent No.2, who are the driver5 and registered owner6 of the offending vehicle respectively and respondent No.3/insurance company appeared. It is pertinent to mention here that respondents No.1 and 2, despite giving several opportunities, did not file their written statements. Further, respondent No.3/insurer in its written statements only admitted the validity of the insurance policy.