NEW INDIA ASSURANCE CO LTD Vs. SUNITA

JUDGEMENT

(1.) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

(2.) With the consent of learned counsel for the parties, the hearing of the appeal is preponed to today. Taken on Board for final disposal. Main

(3.) The insurer assails the correctness of the award passed by Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as "the Tribunal") on 12/12/2019, while allowing the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, filed for grant of compensation on account of death of late Sh. Kesar Lal in an automobile accident which took place on 27/10/2018. Some facts are required to be noticed. The widow, aged mother and two minor children of late Sh. Kesar Lal filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988. It was asserted that at about 09:15 pm when late Sh. Kesar Lal reached near Mann Dhaba, Village Nawagran, in the meantime, a Maruti Car bearing registration No.PB-49-9161 came from back side in a rash and negligent manner and hit in the motorcycle driven by late Sh. Kesar Lal from the back side. The car was driven by the respondent Ram Pal. Due to the impact, late Sh. Kesar Lal fell down along with his motorcycle and received multiple grievous injuries. He was taken to Charitable Hospital, Kukkar Majara, but due to his serious condition, he was referred to Civil Hospital, Nawanshahar. The attendants took Kesar Lal to IVY Hospital, Nawanshahar, where he succumbed to the injuries. The FIR in question was registered by Sh. Lal Chand, cousin of the deceased. On 2/11/2018, Sh. Rajinder Kumar contacted the Police and stated that he is the eye-witness of the accident. The Police after investigation presented the final report against him. Rajinder Kumar appeared as PW-2 and supported the case of the claimants.