LAWS(DLH)-2019-4-144

SHRIRAM GENERAL INSURANCE CO LTD Vs. HABIB

Decided On April 26, 2019
SHRIRAM GENERAL INSURANCE CO LTD Appellant
V/S
HABIB Respondents

JUDGEMENT

(1.) Instant appeal is arising out of common judgment and award dated 15.10.2015 in consolidated MACT No. 530/13 and in MACT No. 531/13 passed by Sh. Sanjeev Kumar Singh Presiding Officer, MACT-02, (Central) Delhi (henceforth referred to as the Tribunal) whereby compensation of Rs. 2,99,951/- and Rs. 17,98,705/- was awarded to Claimants in MACT No.530/13 and to Claimants in MACT No. 531/13 respectively at interest rate of 9% p.a. from the date of filing of petition i.e. 28.10.2013 (DAR) till its realization.

(2.) Brief facts stated are that on 11.06.2013 at about 12:30 A.M. (midnight) Naina (claimant in MACT No.530/13) alongwith one Sonia, Nasiran (deceased in MACT No.531/13) and two other persons were travelling in car bearing No. HR-72A-4045 (Swift car). When aforesaid car crossed Silver Oak Chowk Red Light suddenly a Truck bearing No. HR-38-0287 (hereinafter called as offending vehicle) driven by driver Ajit Yadav (Respondent No.5 herein) coming from Mehrauli, Delhi in a very high speed, rash and negligent manner hit the said Swift car. As a result Naina and Nasiran @ Usha sustained grievous injuries in the accident. Naina was admitted in Max Hospital vide MLC No. 5113 on 11.06.13 while Nasiran @ Usha was admitted in Paras Hospital vide MLC No. 2195 on 11/06/2013. An FIR, FIR No. 134/2013 under Sections 279, 337 and 304A IPC was got registered at P.S. Sector24, DLF Phase-1, Gurgaon against driver.

(3.) Thereafter, claim petitions MACT No. 530/13 and 531/13 were filed by the respective claimants on 28.10.2013 against Respondent No.5 (driver of the offending vehicle), Respondent No.6 (owner of the offending vehicle) and Appellant (Insurer of the offending vehicle).