NEW INDIA ASSURANCE CO LTD Vs. DALBIR SINGH

JUDGEMENT

(1.) THE present appeal under section 173 of the Motor Vehicles Act, 1988 (for short as the ?act?) has been filed by the Appellant/insurance Company against the judgment and order dated 04. 02. 08 passed by Sh. Suresh Chand Rajan, judge, Motor Accidents Claims Tribunal (for short as the ?tribunal?), Delhi.

(2.) BRIEF facts of the case are that on 05. 01. 02 at about 11. 00p. m. Dalbir singh, Respondent no. 1, aged 33 years, was going to his house on his scooter, one truck bearing registration no. HR-38-E-8698 being driven by Girwar Singh, respondent no. 2 came at a fast speed and in a rash and negligent manner and hit the scooter of the Respondent no. 1. Due to impact, Respondent no. 1 fell on the road and sustained injuries.

(3.) THE Respondent no. 1 filed the petition under section 166 and 140 of the act claiming compensation of Rs. 25,00,000/- against the Respondent no. 2 and 3 herein being the driver as well as owner of the offending vehicle and the appellant herein, as the offending vehicle was insured with them.