BAJAJ ALLIANZ INSURANCE CO LTD Vs. SITARA

JUDGEMENT

(1.) Appellant, Insurance Company, had field this appeal under Section 173 of the Motor Vehicles Act against the award datead 18th December, 2007 passed by Motor Accident Claims Tribunal, Bhind, in Claims Case No. 26/2007.

(2.) On 20th June, 2006 deceased Rafiq had been coming to Mehgaon on his bicycle. When he reached near house of Kalyan Kushwah at Gormi road, he was dashed by a Bolero Camper vehicle bearing registration No. UP-83-H-9365. In the aforesaid accident he died on the spot. A report of the accident was lodged at the police station Mehgaon. Police registered a case against the driver of the offending vehicle.

(3.) Thereafter, claimants filed claim application before the Claims Tribunal, claiming a total compensation of Rs. 12,02,5000/-. The Claims Tribunal, after appreciation of evidence on record held that the accident occurred due to rash and negligent driving of the offending vehicle by the driver. The driver had a valid driving licence. The offending vehicle was insured at the relevant time by the Insurance Company appellant. The Claims Tribunal awarded a total compensation of Rs. 2,98,000/- and further directed that the owner, driver and Insurance Company are jointly and severally liable for payment of compensation.