NEW INDIA ASSURANCE CO LTD Vs. KANTA DEVI

JUDGEMENT

(1.) The appellant/insurance company in this appeal filed under Sec. 173 of The Motor Vehicles Act, 1988 [The Act] is assailing the common Judgment-cum-award dtd. 21/8/2023 passed by the learned Presiding Officer, Motor Accident Claims Tribunal-02, Central District, Tis Hazari Courts, Delhi [Tribunal], whereby the learned Tribunal granted compensation in favour of both the claimants and fastened the liability to pay the compensation upon the appellant insurance company.

(2.) Shorn of unnecessary details, a claim petition was instituted by the claimants/respondents No. 1 and 2 viz., widow and son of the deceased, apart from Ms. Akansha (both the son and daughter are not arrayed in the present appeal) on 8/5/2019, seeking compensation for the death of the deceased Raj Kumar S/o Ms. Shanti Lal, who met with an accident on 18/10/2018 at about 10.00 p.m. at a spot under the Flyover Burari, falling within the jurisdiction of Police Station Burari, Delhi, when his 'Phat Phat Seva vehicle', in which he was travelling as a passenger, was struck by a Metro Rail Feeder bus bearing registration No. Delhi-1PD-0482 (hereinafter referred to as the 'offending vehicle') driven in a rash and negligent manner, and though the victim was removed to Sushruta Trauma Centre, Civil Lines, Delhi, he succumbed to his injuries on 29/10/2018.

(3.) The appellant/insurance company has assailed the impugned judgment-cum-award in so far as the liability for making the payment of compensation has been fastened upon it primarily on the ground that the respondent No.2 i.e. the driver[3], namely Sonu, who was employed with the respondent No.3/Delhi Metro Rail Corporation Limited, was evidently holding a driving license[4] for plying the vehicle in the category of LMV-TR [Light Motor Vehicle -Transport] but instead, he was driving the offending bus in question, which comes under the category of a Heavy Motor Vehicle, or, to be specific, a HPMV [Heavy Passenger Motor Vehicle] category vehicle.