ORIENTAL INSURANCE CO. LTD. Vs. RAHUL AND ORS.

JUDGEMENT

(1.) On 22.03.2011, at about 10:00 AM, a motor vehicular accident occurred involving two vehicles, one being scooter bearing registration no. DL -8SN -2978 (the scooter) and the other being Indica car bearing registration no. DL -3CAX -0964 (the car). Admittedly, three persons were moving on the scooter at the time of collision, they being Amit, Rahul & Vishal. As a result of fall, at least Amit & Rahul suffered injuries, with the former (Amit) dying in the consequence.

(2.) Two accident claim petitions under Ss. 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act) were instituted on 11.05.2011, both being presented by the same counsel (Mr. Karan Bal, Advocate) engaged for such purposes. One of the said claim petitions (MACT case no. 151/2011) was filed by the parents of the deceased Amit, while the other (MACT case no. 235/2011) was filed by Rahul, the injured. Both the cases were inquired into together leading to a common judgment passed by the motor accident claims tribunal (the tribunal) on 29.05.2012 which is impugned in these two appeals by Oriental Insurance Co. Ltd. (the insurer) which had admittedly issued a third party insurance policy in respect of the car for the period in question.

(3.) It may be mentioned that the driver and the registered owner of the car (the insured) were also impleaded as respondents in the two claim cases; the driver (Rajender Kumar), by way of his written statement, taking the position that the accident had occurred due to sole negligence of the scooter driver.