ORIENTAL INSURANCE COMPANY LTD Vs. JITENDER KUMAR VERMA

JUDGEMENT

(1.) The appellant has challenged the award in MACT Case No. 227/14 dated 05.01.2016 passed by the Additional District Judge Motor Accident Claims Tribunal, Rohini Court, Delhi (hereinafter called as "The Tribunal") whereby the compensation of Rs.3,19,034/- alongwith simple interest of 9% p.a. on the total compensation amount from the date of filing of petition till realization has been awarded to respondent no.1/Claimant.

(2.) The brief facts are that the petitioner Jitender Kumar Verma (respondent no.1 herein) S/o Sh. Om Prakash Verma has filed application under Section 166 read with 140 of the Motor Vehicles Act, 1988. The petitioner has alleged in his petition that he was residing at C-2/88, Sector-16, Rohini. The petitioner in his petition has stated that he was 33 years old and was working as Marketing Executive with Hardeep Elect. Industries, Badli Industrial Estate, New Delhi and was earning a sum of Rs. 9,000/- per month. As per the complaint, the petitioner met with accident at Badli Mor on 09.07.2005 at about 03:40 PM. The respondent No.1 was riding his motorcycle No. DL-8SNA-0701, a truck bearing No. DL- 1GA-2232 (hereinafter called the offending vehicle), being driven by Ashok Kumar Yadav (respondent no.2 herein) came in a rash and negligent manner and hit the motorcycle. Respondent No.1 fell down and sustained injuries. He was admitted in hospital on 09.07.2005 and was on two months bed rest and a sum of Rs.5 lacs were incurred on his treatment. FIR No. 562/05 under Section 279/338 IPC was registered at PS Shalimar Bagh, Delhi. The accident has taken place due to the rash and negligent driving of Respondent no.2. It is alleged that the offending truck was insured at the time of accident.

(3.) The Oriental Insurance Company Ltd. (Appellant herein) has filed written statement and has taken the preliminary objection that the driver was not holding valid and effective driving license at the time of accident and claim of amount of Rs.15,00,000/- (Rupees Fifteen Lacs only) compensation is highly exaggerated and further submitted that respondent No.3 would take opportunity under Section 149(2) and 170 of the Motor Vehicles Act at any stage. Appellant has further taken additional plea of disowning his liability under the Motor Vehicles Act 1988.