NATIONAL INSURANCE CO LTD Vs. ASHOK KUMAR KOCHHAR

JUDGEMENT

(1.) The appellant/insurance company has preferred this appeal in terms of Sec. 173 of the Motor Vehicles Act, 1988(MV Act) assailing the impugned judgment-cum-award dtd. 7/10/2016 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, (South-East), Saket Courts, New Delhi, claiming that the amount of compensation is on the higher side, arbitrary and unfair.

(2.) Shorn of unnecessary details, the DAR(Detailed Accident Report) was filed on 22/2/2016 to the effect that on 7/1/2016, Smt. Chander Kochhar, who was travelling on an Activa two-wheeler scooter bearing registration No. DL-3SBX6967 which was being driven by her husband viz., respondent No.1, was hit by a bus bearing registration No. DL-1PA-7811 Offending vehicle being driven by the respondent/driver Sec. 2(9) 'driver' includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle.-Ravinder, as a result of which, she sustained fatal head injuries and died at the spot. Consequently, an FIR(First Information Report) No. 15/2016 under Sec. 279/337/304-A of the IPC(Indian Penal Code, 1860) was registered at Police Station Kalkaji against the respondent/driver-Ravinder.

(3.) Notices of the DAR/claim petition for compensation moved on the behalf of the legal heirs of the deceased viz., the husband and two sons, were duly served upon the respondent/driver as well as the registered owner Sec. 2(30) 'owner' means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement. of the offending vehicle, but they failed to appear and contest the claim petition. Evidently, the offending vehicle was insured for third party risks with the appellant/insurance company and the learned Tribunal vide the impugned judgment-cum-award dtd. 7/10/2016 held that the driver/Ravinder was responsible for causing the accident since he was driving the offending vehicle in a rash and negligent manner and thereby, resulting in fatal injuries to the deceased, and this finding is not assailed in the instant appeal.