ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. KHUSHBOO

JUDGEMENT

(1.) At joint-request, the case is taken up for final arguments.

(2.) This appeal impugns the award of compensation dated 17.03.2018 in the claim petition bearing MACT No. 449362 of 2016 on account of the unfortunate demise of the kin of the claimants' in a road accident.

(3.) It is the appellant's case that the offending motor vehicle was not identified, therefore, the appellant would not be liable to indemnify the claimants and to pay the awarded amount. It was the claimants' case that at about 8:40 pm on 14.02.2010, Raja, the deceased, tried to cross the road near Metro Station, Adarsh Nagar, when the offending vehicle i.e. a Maruti Van of white colour bearing registration no. DL-9CQ-0931, being driven rashly at a great speed in a zig-zag manner, hit the petitioner forcefully as a result of which, he fell on the road; the culprit driver fled from the site with the offending vehicle. Raja was rushed to a hospital nearby i.e. BJRM Hospital where, he was declared dead; the MLC and Post Mortem Report were prepared. The claimants had laid evidence through three eyewitnesses i.e. Abdul Shakur, Sunil Kumar and Mohd. Akeel. In the DAR filed by the Investigation Officer, the aforesaid vehicle was stated to be non-traceable and the driver-cum-owner of the vehicle, Jai Prakash, was virtually exonerated. The said Report was accepted by the Metropolitan Magistrate. Sunil had deposed that he had seen the offending vehicle hitting Raja at a great speed. His deposition, inter alia reads as under:-