UNITED INDIA INSURANCE CO. LTD Vs. GEETA

JUDGEMENT

(1.) CM-8928-CII-2021 Allowed as prayed for. Exemption sought for is granted. CM-8929-CII-2021 Allowed as prayed for. Delay of 22 days in re-filing the appeal is condoned.

(2.) FAO No.1080 of 2021 (O&M) This appeal has been filed challenging Award dtd. 24/3/2021 passed by the Motor Accident Claims Tribunal, Panipat, whereby the claim of the heirs of the driver of the offending vehicle under Sec. 163-A of the Motor Vehicles Act, 1988 has been allowed. The ground taken is that successors of the tortfeasor cannot be granted any compensation.

(3.) It has been submitted that the deceased person was the driver of the offending Scorpio vehicle. The said driver has been found negligent in driving the vehicle and causing death of some of the occupants thereof by causing an accident. Thus, his heirs would not be entitled to claim any compensation. The Tribunal has erred in allowing their claim petition.