ORIENTAL INSURANCE CO. LTD. Vs. VIJENDER SINGH

JUDGEMENT

(1.) An Appeal under Sec. 173 Motor Vehicle Act, 1988 has been filed by the Insurance Company to challenge the Impugned Award dtd. 3/10/2019, vide which the compensation in the sum of Rs.Rs.15,92,000.00 along with interest @ 9% per annum has been awarded to the parents of deceased Sh. Ritesh Khatri who expired in a road accident on 28/1/2014.

(2.) The Appellant/Insurance Company has challenged the Impugned Award on the following grounds :

(3.) In the Short Synopsis filed on behalf of the Respondents/Claimants, it is submitted that without any specific evidence to prove contributory negligence, mere non-holding of driving license by the deceased, is not sufficient to prove contributory negligence on the part of deceased. Reliance is placed upon Civil Appeal no.3321/2008, Sudhir Kumar Rana Vs. Surinder Singh and other, decided by Hon'ble Supreme Court on 6/5/2008; Civil Appeal No. 5764/2008, Meera Devi and another Vs. H.R. T. C. and others, decided by Full Bench Hon'ble Supreme Court on 10/3/2014; MAC APP No. 429/2004, Oriental Ins. Co. Ltd. Vs. Amit Kumar and others, decided vide Judgment dtd. 2/12/2009.