HDFC ERGO GENERAL INSURANCE CO. LTD. Vs. SEEMA

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 173 of the Motor Vehicle Act, 1988 ,The M.V. Act assailing the judgment-cum-award dtd. 18/9/2017 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Rohini Courts, Delhi,MACT in MAC Petition No. 5134/16 titled Smt. Seema Vs. Sh. Prem Singh", whereby the learned MACT allowed the claim petition and awarded a compensation of Rs.14,48,000.00 along with interest @ 9% p.a. w.e.f. date of filing of petition till the date of its realization, in favour of the respondents No.1, 2 and 3 i.e. LRs./three daughters.,There was a 4th daughter who died during the proceedings on 29/5/2017. of the deceased Ms. Pinki (hereinafter referred to as the claimants").

(2.) Further, the appellant and respondents no. 4 and 5 herein, who are the driver and registered owner of the offending vehicle respectively, have been made jointly and severally liable to pay the compensation and the liability has been fastened upon appellant/HDFC ERGO General Insurance Company Ltd, being the insurance company, to deposit the award amount.

(3.) Shorn of unnecessary details, Ms. Pinki aged 39 years old and a homemaker, was involved in a motor accident on 3/9/2011 when she was hit by the TATA Tempo 709 bearing No. HR-38C-2182 ,Offending Vehicle owned by Sh. Sanjay Yadav i.e., respondent No. 5, being driven by Sh. Prem Singh Yadav respondent No. 4 (who were arrayed as respondent No. 2 and 1 in the claim petition respectively before the learned MACT). The said vehicle was evidently insured with the appellant/insurance company vide Policy No. 2315200127545800000 having validity from 2/9/2011 to 1/9/2012.