LAWS(DLH)-2019-7-324

SHRIRAM GENERAL INSURANCE CO LTD Vs. ANILA DEVI

Decided On July 24, 2019
SHRIRAM GENERAL INSURANCE CO LTD Appellant
V/S
Anila Devi Respondents

JUDGEMENT

(1.) The learned counsel for the appellant submits that two new wheelchairs each have been supplied to the Medical Superintendent/Director of the National Institute of Tuberculosis and Respiratory Diseases, Sri Aurobindo Marg, Near Qutub Minar, Sheikh Sarai, Mehrauli, New Delhi and Sushruta Trauma Centre, 9 Metcalfe Road, Civil Lines, Delhi-110054 alongwith five and six digital thermometers, respectively.

(2.) He seeks time to file a Compliance Report supported by an affidavit and photographs. Let it be so done in two weeks.

(3.) These appeals impugn the award of compensation dated 22.09.2018 granted by the learned MACT in MAC APP. 6814/2016, 6815/2016 and 6812/2016 on the ground that three persons, who suffered fatality on account of motor vehicle accident, were travelling as gratuitous passengers and were sitting on the rear side of the goods vehicle i.e. a truck bearing registration no. HR 55Q 4029, insured with the appellant. According to the DAR, Sh. Buchun Singh, Sh. Pawan Yadav and Sh. Dalip Yadav passed away in the accident. They were travelling alongwith Sh. Arvind Yadav and Sh. Nanhu. The vehicle was being driven by Kailash Mandal at a high speed, in a rash and negligent manner, completely disregarding traffic regulations. They claimed that at the time of the accident, the driver was talking on the mobile phone while driving; the truck loaded with cement bags struck against the right-hand side divider of G.T. Karnal Road, when it was going towards Palla Red Light. Resultantly, the truck turned upside down, towards the left side. The cement bags got strewn on the road. The aforenamed persons too fell violently and received injuries; three of them succumbed to their injuries. The driver fled from the spot. The offending vehicle was seized by the police. A criminal case was also initiated against the driver.