MANJEET SINGH Vs. INDERJEET KAUR AND ORS.

JUDGEMENT

(1.) On 20.03.2009, at about 12.45 p.m., a motor vehicular accident occurred in the area of Fruit Market, Main Road, Moti Nagar, Delhi involving two motor vehicles, namely, motorcycle bearing registration no. DL 4SV 7614 (the motorcycle) and truck bearing registration no. RJ 32G 1924 (the truck). The motorcycle was driven at that point of time by Sarabdeep Singh and his cousin Surjeet Singh was riding on the pillion. Both Sarabdeep Singh and Surjeet Singh died. The legal heirs of the said deceased persons brought two accident claim petitions (registered as case Nos. 525/2009 and 673/2009 respectively) under Ss. 166 and 140 of Motor Vehicles Act, 1988 (MV Act) impleading the driver and owner of the truck as party respondents, besides ICICI Lombard General Insurance Company Ltd.(the insurer) as the third respondent. The claim petitions were clubbed and inquired into together. In both the claim petitions, the driver and owner (now the appellant), as the first and second respondents respectively, put in contest, inter alia, through joint written statements. The insurance company also contested taking the position that it was not liable since there had been breach of insurance policy conditions for the reason the truck (the offending vehicle) had caused accident in Delhi even though there was no valid permit taken in such respect.

(2.) Concededly, the appellant (the owner) did not lead any evidence before the tribunal but refuted the contention of the insurance company to above effect. The contentions of the insurance company in such regard, and the conclusions reached thereupon, were dealt with by the tribunal in the impugned judgment dated 26.11.2011, which governed both the claim cases, as under: -

(3.) Compensation on the two claim petitions were granted in the case of death of Sarabdeep Singh and Surjeet Singh in the sum of Rs. 6,82,132/ - each carrying interest liability @ Rs. 7.5 % per annum from the date of filing of the petition till realization.