ORIENTAL INSURANCE CO LTD Vs. KAHKASHAN NAQUI

JUDGEMENT

(1.) The Appellant has challenged the award in MACT Case No. 75442/16 dated 06.04.2018 passed by Sh. Sameer Bajpai, Presiding Officer, MACT South District, Saket Courts, New Delhi (hereinafter called as "Tribunal") whereby compensation of Rs.96,75,300/- alongwith simple interest at 9% p.a. from the date of filing the petition till realization was awarded to Respondent No.1 and No.2/Claimant.

(2.) Facts in brief are that deceased Ali Hasnain Naqui aged 35 years on 26.08.2013 at about 10 PM was crossing Ring Road on foot from South Extension Part-I to South Extension Part-II. Deceased got hit by a Baleno car bearing no. DL-4CP-3986 (hereinafter called the offending vehicle) driven by one Devanand (Respondent No.3 herein) who was driving the car in fast, rash and negligent manner. As a result deceased fell down and sustained grievous injuries.

(3.) The parents of the deceased are the Claimants in Claim Petition No. 75442/16 claiming compensation for the negligent act of the Driver/Owner Devanand Respondent No.3. Claimant further alleged the offending vehicle was insured with Oriental Insurance Co. Ltd. (Appellant herein). Therefore, the insurance company as well as driver of the car are liable to pay the compensation.