ORIENTAL INSURANCE CO LTD Vs. KASTURI LAL GUPTA

JUDGEMENT

(1.) The appellant/insurance company has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988[1], assailing the impugned judgment-cum-award dtd. 30/3/2015 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, North West District, Rohini Courts, Delhi[2], whereby the claim petition filed by the respondents No. 1 to 3/claimants under Sec. 166 read with Sec. 140 of the M.V. Act, was allowed.

(2.) Shorn of unnecessary details, Rishi Gupta, son of respondent No.1, lost his life in a motor accident that occurred on 15/2/2008, involving a TATA 709 bearing registration No. DL-1LE-2439 (hereinafter referred to as the 'offending vehicle'), which was being driven by respondent No. 1/Mohd. Rehmat Shah (respondent No.4 in the present appeal). The claimants being the parents of the deceased, filed a claim petition under Sec. 166 and 140 of the M.V. Act, but during the course of pendency of the matter, the mother of the deceased expired and in terms of the order dtd. 5/5/2009, the son and the daughter of the deceased were impleaded in her place and accordingly, an Amended Memo of Parties was filed.

(3.) While the factum of the accident as also the culpable rashness and negligence on the part of the driver of the offending vehicle has not been assailed, the appellant/Insurance Company has aggrieved that the total amount of compensation awarded to the claimants i.e. Rs.19,87,500.00 with interest @ 9% per annum from the date of filing of the petition i.e. 28/2/2008 till date of actual deposit or realization to the claimants, is on the excessive side, arbitrary and completely contrary to the legal parameters.