ORIENTAL INSURANCE CO. LTD. Vs. HAAZARI SINGH RAWAT

JUDGEMENT

(1.) This appeal has been filed by Oriental Insurance Company Limited ["the Insurance Company"] against an award dtd. 16/12/2017, passed by the Motor Accident Claims Tribunal ["the Tribunal"] in Suit No. 4267/2016. By the impugned award, the Insurance Company was directed to pay a sum of Rs.13,75,000.00 to respondent No. 1, who was the claimant before the Tribunal.

(2.) The proceedings before the Tribunal arose out of a road traffic accident which took place on 26/4/2009, at about 11:45 PM. The claimant was travelling on a motorcycle [bearing registration No. DL-3S-BK-5321] as a pillion-rider. The motorcycle was being driven by Mr. Rakesh Kumar [respondent No. 4 herein]. At a location situated at the roundabout of DND Flyover and Ring Road, near New Friends Colony, New Delhi, the motorcycle hit a parked truck [bearing registration No. HR-38E-6159] ["the offending vehicle"]. It was alleged that the offending vehicle was parked in the middle of the road and was not visible in darkness. The claimant and respondent No. 4 both sustained injuries as a result of the accident.

(3.) The accident resulted in registration of an FIR bearing No. 193/2009, dtd. 27/4/2009 in Police Station New Friends Colony. Although no accused was named in the FIR, a chargesheet was later filed, on 14/7/2011, against Mr. Sushil Kumar, who was the driver of the offending vehicle [respondent No. 2 herein].