IFFCO Vs. MASTER SHIVAM & ANR.

JUDGEMENT

(1.) In a motor vehicular accident that took place on 20.11.2010 involving rash driving of car bearing registration No. UP-15AT-2407 (the car) at a place described as Mahesh Marg, Chowki Kasba, Thana Modi Nagar, U.P., two persons suffered injuries, they being Hemlata, a housewife and a child named, Master Shivam, the former (Hemlata) dying in the consequence. Two claim cases were instituted, first (MACT No.256/2011) by the husband and children of Hemlata (the deceased) and the other (MACT No.257/2011) for and on behalf of Master Shivam. In each case Anil Kumar @ Anil, the driver-cum-owner of the car (he being second respondent in MAC APP.526/2016 and fifth respondent in MAC APP.528/2016) was impleaded in addition to the appellant insurance company, it concededly having issued an insurance policy covering third party risk for the period in question in respect of the car. Both the cases resulted in inquiry leading to a common judgment dated 19.04.2016.

(2.) The tribunal, having accepted the evidence about negligence driving of the car being the cause of accident, awarded compensation on account of death of Hemlata in the sum of Rs.12,87,122/- following the law laid down by a learned Single Judge of this Court in Royal Sunderam Alliance Insurance Company v. Master Manmeet Singh, 2012 ACJ 721. In the case of claim for injuries suffered by Master Shivam, compensation in the sum of Rs.1,01,504/- was awarded. The Motor Accident Claims Tribunal (the tribunal) directed the insurance company to pay the said amounts with interest though accepting its defence of breach of terms and conditions of the policy and resultantly granting it recovery rights against the owner-cum-driver of the car.

(3.) The claimants in both the cases despite notice have opted not to appear at the hearing.