NATIONAL INSURANCE CO. LTD. Vs. RAJENDER SINGH MEENA

JUDGEMENT

(1.) These two Appeals under Sec. 173 Motor Vehicle Act, 1988 have been filed by the Appellant-National Insurance Company Ltd. challenging the Impugned Awards dtd. 26/11/2022 vide which the learned Motor Accident Claims Tribunal has granted compensation on account injuries suffered by Respondents Rajinder Singh Meena and Sunita Devi, in the road accident, on 12/2/2015.

(2.) On 12/2/2015 at about 1:45 am, Respondents- Rajinder Singh Meena and Sunita Devi, were returning to their residence in Moti Nagar from a social function, in Maruti Omni Van No. DL 9CR 7403, driven by Respondent No.2- Krishnan. When the Van reached Near Hiran Kundna More, near Metro Depot at Munda, an unknown Truck going ahead of their vehicle, applied emergency brake and Respondent No.2 also applied the brake but the Van crashed into the Truck and got severely damaged. All the passengers travelling in the Van received injuries and were taken to the hospital. FIR No.77/2015, dtd. 12/2/2015 under Ss. 279/338 IPC was registered at Police Station Mundka against the unknown Driver of the offending Truck.

(3.) Since the Driver of the offending Truck was untraced, compensation in the sum of Rs.2,00,000.00 was awarded to the injured- Rajinder Singh Meena and Rs.50,000.00 to Sunita Devi, by Delhi Legal Services Authority, vide Order dtd. 1/12/2016.