ORIENTAL INSURANCE CO. LTD. Vs. ASHA RANI

JUDGEMENT

(1.) This appeal has been filed by the appellant/Insurance Company challenging the final award dtd. 4/4/2015, passed by the Motor Accident Claim Tribunal ["MACT"] (North West District) Rohini Courts, Delhi in MACT Petition no. 336/2009 titled as "Asha Rani v. Sukhdev Singh & Ors".

(2.) The claim petition was filed under Sec. 163A of the Motor Vehicles Act 1988 ['MVAct'] by the claimant [respondent no. 1 herein], who was the mother of Sh. Mannu @ Munnu [the deceased], against Sh. Sukhdev Singh [respondent no.2 herein], the driver of the offending vehicle, and Shri Pardeep Singh [respondent no. 3 herein], the registered owner of the offending vehicle, and the Oriental Insurance Company [appellant herein], the insurer of the offending vehicle. She claimed compensation to the tune of Rs.15,00,000.00 in her favour from the date of filing of the petition till realization.

(3.) The incident occurred on 29/6/2006 at about 2:00 P.M., when the deceased was working as a conductor on the offending vehicle along with two drivers and was on duty. The offending vehicle suffered an accident on the highway in Bangalore; the driver of the offending vehicle having driven it in a rash and negligent manner. The vehicle climbed the divider and fell on the left side, due to which the deceased sustained injuries and died on the spot.