ORIENTAL INSURANCE COMPANY LTD Vs. DILSHAD MALIK

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 12.5.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 403 of 2007 filed by the claimant Respondent No. 1 on account of the injuries sustained by him in an accident which took place on 23.2.2007 at about 3.45 in the afternoon.

(2.) The case of the claimant Respondent No. 1 was that on 23.2.2007, Dilshad Malik (claimant Respondent No. 1) and Bilal were going from Meerut to Hapur on a Motorcycle bearing Registration No. UP14AF 6136 being driven by the said Dilshad Malik; and that at about 3.45 P.M. when the said Dilshad Malik and Bilal on the said Motorcycle reached near Dhanauta BusStand on Meerut Hapur Road, a Roadways Bus bearing Registration No. UP12J 5519 coming from the opposite direction and being driven by its Driver rashly and negligently, hit the said Motorcycle as a result of which the Driver of the said Motorcycle, namely, Dilshad Malik and the pillion rider of the said Motorcycle, namely, Bilal sustained serious injuries and the said Motorcycle was also heavily damaged; and that on account of the injuries sustained by the claimant Respondent No. 1 in the said accident, he suffered from total permanent disablement.

(3.) It was, interalia, further stated on behalf of the claimant Respondent No. 1 that the said Roadways Bus was owned by the U.P. State Road Transport Corporation (Respondent No. 2 herein), and the same was insured with the Appellant Insurance Company.