NEW INDIA ASSURANCE COMPANY LIMITED Vs. NIRANJAN SINGH

JUDGEMENT

(1.) The appellant has made a grievance in respect of an award dated 27th of February 1979 passed by the Motor Accident Claims Tribunal, Delhi, allowing a sum of Rs. 78,000 as compensation to the claimants. They are respondents No. I to 7 herein. It was further directed by the Tribunal that the amount shall be deposited in the court within two months' time, failing which the claimants' shall be entitled to receiver interest at the rate of 6 per cent per annum from the date of award till realisation.

(2.) This claim arose out of an accident .which took place on 18th of December 1970 at 7.30 P.M. on Mathura .Road. At the time of the alleged accident the deceased one Thakur Singh was going as apillion rider on scooter No. DL0.61Q7 driven by one Inderjit Singh. TTie scooter was owned by Gurbax Singh, respondent No. 9 herein. It was alleged that the accident occurred as a result of reckless and negligent driving by Inderjit Singh. Consequent to the injuries sustained in the accident Thakur Singh died. The deceased was supposed to be 42 years old with robust health on the date of the accident.

(3.) On the claim being preferred, notices were issued to the respondents in the claim petition, but none of the respondents excepting the insurance company turned up to contest the case Mr. Sabharwal appearing on behalf of the appellant did not contest before me the finding of the Tribunal either in respect. of the accident being the result of the rash and negligent driving or in respect of the amount of compensation arrived at. Understandably, this was done by him on the ground that he has urged a specific plea that there was no privity of contract between the insurer and the insured at the time of the accident. He in that view of the matter specifically urged before me that it was for the insurer to establish that there was a privity of contract between the insured and the insurer, and in the absence of any proof thereof the insurance company was not liable to pay the compensation. It is not necessary, therefore, for me to go into these two aspects of the case. But since the matter is in appeal before me I have gone through the evidence and I find that the learned Tribunal has correctly assessed the evidence and has come to the conclusion that the accident occurred due to rash and negligent driving of Inderjit Singh. I further find that the Tribunal has very appropriately applied the principles in assessment of the compensation.