ORIENTAL INSURANCE COMPANY Vs. MUKESH

JUDGEMENT

(1.) THE Oriental Insurance Company has directed this appeal against the award dated 1.12.2007 passed by Shri S.S. Lamba, learned Motor Accident Claims Tribunal, Hisar, for absolving it from the its liability as per aforesaid award.

(2.) BRIEF facts of the case of the claimant are that on 26.5.2006 at 8.00 A.M. the deceased alongwith Jagdish Chander was standing on the Bus Stand of Dhandoor Bir, waiting for arrival of a bus for going to Hisar. They were standing on the extreme left side. In the meanwhile, offending vehicle bearing registration No. IIR 39A/2973 bearing driven by respondent No. 1 in a rash and negligent manner, came from the side of Sirsa and hit against Joginder Singh. Due to this impact, Joginder Singh received multiple and grievous injuries. The offending vehile i.e. Tata 407 turned turtle after the accident on eastern side. Jagdish and Rajbir after arranging three-wheeler, took injured to General Hospital, Hisar but injured succumbed to the injuries in the midway to the hospital. FIR was registered.

(3.) THE claimant, therefore, sought compensation to the tune of Rs. 20,00,000/- from the driver, owner and insurer of the offending "TATA 407 bearing Registration No. HR 39A/2973 together with cost of the proceeding and interest @ 18% per annum from the date of filing the petition till realization of the awarded amount.