NEW INDIA ASSURANCE COMPANY LTD Vs. SANJAY SINGH

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 30.10.2009, passed by the learned Motor Accident Claims Tribunal, Narnaul (hereinafter referred to as "the Tribunal"), vide which claim petition moved by the claimant for grant of compensation, for the injuries suffered in the motor vehicular accident, stands allowed. The claimant along with Manoj and Karamvir was going on scooter No. DL-ISL/7860 from village Gaud towards Narnaul on 2.4.2007, when the offending vehicle came from the opposite direction, which was driven rashly, negligently and at a fast speed by respondent No.1, and hit the scooter, as a result of which the scooter riders fell down on the road, and received injuries. It was claimed, that the accident had occurred due to sole negligence of respondent No.1.

(2.) The claimant suffered permanent disability of 11% in the accident.

(3.) The application was contested by the Insurance Company by seeking permission under Section 170 of the Motor Vehicles Act. The plea on merit, as well as regarding violation of terms of the Insurance policy, were raised.