IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. RAJESH

JUDGEMENT

(1.) The present cross-appeals are filed challenging the award dtd. 23/4/2018 (hereafter 'impugned award'), passed by the learned Motor Accident Claims Tribunal, in MAC Petition No. 4548/16 (Old MACP No. 29T/14).

(2.) The brief facts of the case are that on 24/9/2013, when the motorcycle driven by Rustam (since expired), on which the injured Rajesh was riding as a pillion rider, reached at Traffic Intersection, Mahindra Park, heading towards Azadpur, Delhi, one Truck which was being driven in a rash and negligent zig zag manner came and hit the motorcycle. As a result of the collision, the victims fell down and the victim Rustam was crushed under the wheels of the offending vehicle. The victim Rajesh sustained grievous injuries. The offending vehicle was being driven by the respondent Shiv Bahadur and the same is said to be owned by the respondent Shyam Lal Katana. An FIR was registered for offences under Ss. 279/337/304A of the Indian Penal Code, 1860 ('IPC') in relation to the incident.

(3.) The learned Tribunal, by the impugned award, disposed of the claim on behalf of the victim Rajesh as well as the claim field by the parents of the deceased victim Rustam. After considering the FIR and filing of chargesheet as well as the testimony of the victim Rajesh, it was found that the victim Rajesh had sustained grievous injuries due to the negligence on part of the driver of the offending vehicle. The learned Tribunal awarded a compensation of ?18,51,100/- along with interest at the rate of 9% per annum with effect from the date of filing of the claim petition (that is, 27/11/2013) against the owner and driver of the offending vehicle jointly and severally. Out of the total amount, ?1,91,090/- was awarded towards medical expenses, ?2 lakhs was awarded towards pain and suffering and loss of amenities of life respectively, ?25,000/- was awarded towards conveyance, special diet and attendant charges and ?12,35,052/- was awarded towards loss of future income. It was further observed that since the insurance company had not adduced any material to show that the insurance policy was breached, it was liable to pay the compensation amount as it was liable to indemnify the insured.