NATIONAL INSURANCE CO. LTD. Vs. POOJA

JUDGEMENT

(1.) These are two connected Appeals From Order preferred under Sec. 173 of the Motor Vehicle Act, 1988, which are arising out of the same accident which has occurred on 9/1/2011. These appeals are listed for orders at admission stage, today, but with the consent of parties it is being heard for its final adjudication. Before venturing into the merit of the appeals as argued by the learned Counsel for the Insurance Company, a brief backdrop is necessarily, required to be considered for an effective adjudication of the Appeals From Order.

(2.) In A.O. No. 403 of 2015, National Insurance Co. Ltd. Vs. Smt. Pooja and others, would be treated as a leading appeal. The precise facts as involved in the present Appeal From Order are that an accident occurred on 9/1/2011 near P.S. Birla Yamha Chauki Lal Tappar at about 10:00 p.m.; wherein the deceased namely, Pankaj Kumar and his brother-in-law Raju Prajapati @ Vipin Kumar, while they were travelling on their scooter bearing registration No. UA07 9861 from Dehradun to Bahadarabad, as soon as, they reached near the factory of Birla Yamha Lai, Police Chowki Lal Tappar at about 10:00 p.m. The scooter is said to have met with a collusion with a car bearing registration No. UK07X-7005 of make brand of Logan. As a consequence of the accident the rider of the scooter, as well as, the pillion rider both the persons had been seriously injured, out of which, Raju Prajapati @ Vipin Kumar and Pankaj Kumar both met with the sad demise on the spot and its contended in the claim petition that they had succumbed to their injuries caused due to the accident caused by rash and negligent driving of the offending vehicle.

(3.) It is alleged that in the accident, the driver of the car took advantage of the situation and of the pandemonium created due to accident and ran away from the spot. Later on brother-in-law of the deceased when got the information about the accident, the brother-in-law of one of the deceased Mr. Kuldeep Kumar, who happened to be the complainant, had lodged an FIR being FIR No. 4/2011, registered under Sec. 279 and 304-A of IPC, which found place as Exhibit Paper No. '8 Kha' in the proceeding before the Motor Accident Claim Tribunal. On account of death of the rider and the pillion rider of the scooter. They were taken to the hospital and postmortem was conducted on the corpus on 10/1/2011.