ORIENTAL INSURANCE CO LTD Vs. AMIT KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the appellant insurance company against award dated 3.8.2004 passed by the Motor Accidents Claims Tribunal (for short as 'the Tribunal'), Delhi. Vide impugned award, respondent No. 1-injured, was awarded compensation amounting to Rs. 15,66,000 (rupees fifteen lakh sixty- six thousand) along with interest at the rate of 9 per cent per annum from the date of filing of the petition till realization.

(2.) BRIEF facts of this case are that injured, aged about 17 years, met with a roadside accident on 19.11.1999. On that day he was driving his two-wheeler 'Trendy' and when he reached at T-point crossing of Roshanara Road, Delhi and was taking a turn to the right on green light signal, a blue line bus bearing No. DL 1-PA 0671 came at fast speed jumping the red light and hit his scooter. Respondent No. 1 sustained grievous injuries whereas his uncle Mukesh Kumar, who was sitting on the pillion seat survived with minor injuries.

(3.) IT is contended that respondent No. 1 who was 17 years of age at the time of accident did not have a valid and effective driving licence and, therefore, has contributed in great measure to the accident. In support learned counsel for appellant has referred to the decision of Supreme Court in National Insurance Co. Ltd. v. Swaran singh, 2004 ACJ 1 (SC).