ORIENTAL INSURANCE CO LTD Vs. SUDHIR CHANDOLA

JUDGEMENT

(1.) BY way of the present appeal, the appellant insurance company seeks to challenge the impugned award dated 27. 07. 2007 whereby the Tribunal held the appellant insurance company liable to pay the award amount of Rs. 2,15,592/- (rounded up to Rs. 2,15,600/-) along with interest @ 7% p. a. from the date of filing of petition till its realization.

(2.) BRIEF summary of facts of the present case are that on 18. 12. 1997 at about 8:45 pm, Shri Sudhir Chandola was going on his scooter bearing registration no. DL-2sc-2113 from his office to his residence, when he reached near Sarojini Nagar Depot, on Africa Avenue Road, a bus bearing registration no. DL1pa-1219 which was going ahead on left side of road suddenly took U-turn, Shri sudhir Chandola applied brakes but despite that his scooter collided with the bus. As a result of which he fell down and sustained grievous injuries. He was taken to Safdarjung Hospital for his treatment. Mr. P. K. Seth, counsel appearing for the appellant mainly contended that the Tribunal fell in grave error in holding the appellant insurance company liable to pay compensation amount even in the absence of proving on record rash and negligent driving on the part of the driver of the bus bearing registration no. DL-IP-A-1219.

(3.) THE contention of learned counsel for the appellant is that no FIR was registered against the driver and owner of the offending vehicle. Also no MLC was prepared by the Safdarjung Hospital where the respondent claimant was removed for his treatment and therefore, without proving the factum of negligence, no award could have been passed by the Tribunal under Section 166 of the Motor Vehicles Act.