NEW INDIA ASSURANCE CO. LTD. Vs. SOMWATI

JUDGEMENT

(1.) HEARD learned counsel for the appellant. This is an Appeal by the insurer of the Bus, bearing registration number, DL-1-TA-5488, challenging the order dated 27th February, 2013, passed by the Motor Accident Claims Tribunal, Bulandshahr by which the Tribunal has awarded a compensation at Rs.3,24,500.

(2.) IT was the case of the claimants that on 19.12.2010, at 06:00 AM when the deceased Smt. Kusum was returning to her home alongwith her husband, Vipin Kumar, after attending a marriage from Village Dautai, on a motorcycle, bearing registration number, UP-13-N-5907, driven by her husband, on Garh-Syana Road,? ahead of? Village Dhara, Police Station, Bahadurgarh, District Ghaziabad, the motorcycle was hit by the Bus, bearing registration number, DL-1-PA-5488.? In the said accident, both, Smt. Kusum and Vipin Kumar, died on the spot.? The first information report was lodged on the same day.? The chargesheet has been submitted against the driver of the Bus.

(3.) THE Apex Court in the case of? National Insurance Company Ltd. vs. Sinitha and others (supra) has held that the object for incorporating? sub-section (2) of Section 163-A of the Act is that the burden of pleading and establishing proof of 'wrongful act', 'neglect' or 'default' would not rest on the shoulders of the claimant.? The burden shifts on the owner or the insurance company to prove 'wrongful act', 'neglect' or 'default'.? The claim which can be defeated on the basis of any of the aforesaid considerations, regulated under the 'fault' liability principle. It has been further held that Section 163-A of the? Act is founded on? the "fault" liability principle.? The observations made by the Apex Court in the said judgment runs as follows: