ORIENTAL INSURANCE CO LTD Vs. VIJAY KAPUR

JUDGEMENT

(1.) Oriental Insurance Co. Ltd. (hereinafter referred to as 'the insurance company') against whom an award under section 166 of Motor Vehicles Act was passed by the Motor Accidents Claims Tribunal, Panipat (hereinafter referred to as 'the Tribunal') has preferred this appeal. Respondents in whose favour the award was made, were also not satisfied with the quantum of compensation paid to them, therefore, they have also filed cross-objections. Hence both the appeal as well as cross-objections will be decided together.

(2.) On 27.9.1991, Rajesh Kapoor, was returning from Panipat to Delhi in a Maruti van No. DAE 154 driven by him. At about 7 p.m., when he reached near Haryana Border a truck No. PAT 767 driven by Narvail Singh, rashly and negligently, coming from the opposite side, struck against the van. Rajesh Kapoor suffered grievous injuries. He succumbed to the injuries in the Civil Hospital at 7.45 p.m. Nirvail Singh was challaned for rash and negligent driving under section 304-A, Indian Penal Code. Nirvail Singh controverted the averments contained in the claim petition saying that he was not driving the truck rashly and negligently and, in fact, it was deceased who was under the influence of liquor and driving the van in a rash and negligent manner. He had taken all precautions to avoid the accident. The respondent No. 2 (now appellant) had also raised objections. It was pleaded, inter alia, that the petitioner has no locus standi to file the petition and the petition was bad for non-joinder of the insurance company of Maruti van No. DAE 154. Secondly, the driver of the truck and Rajesh Kapoor deceased had no driving licence.

(3.) The above controversy gave rise to the following issues framed by the Tribunal on 14.4.1992: