BHARTI AXA GENERAL INS. CO. LTD Vs. BABY

JUDGEMENT

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

(2.) The correctness of the award passed by the Motor Accident Claims Tribunal, (hereinafter referred to as the 'Tribunal') while allowing a claim petition under Sec. 166 read with Sec. 140 of the Motor Vehicles Act, 1988, filed on account of death of Sh. Sandeep aged about 32 years, in a motor vehicular accident on 29/1/2018 has been assailed by the insurer. The learned Tribunal has held that the claimants no. 1 to 4 (widow and three minor children) are entitled to compensation of Rs.62,48,552.00 alongwith interest at the rate of 6% per annum. The insurer has been directed to satisfy the award first of all and then recover the amount from the owner/driver of the offending vehicle.

(3.) The learned counsel representing the appellant does not dispute the correctness of the finding of fact arrived at by the Tribunal with respect to rash and negligent driving by respondent no.6-Chetan Kumar. It is the case of the claimants that late Sh. Sandeep was crossing the road on foot when respondent no.5 while driving the motor cycle at a very high speed and in a rash and negligent manner knocked him down. Sh. Sandeep sustained grievous injuries and was shifted by Pardeep and BajrangLal to Metro Manas Multi Speciality Hospital, Jaipur. Late Sh. Sandeep succumbed to his injuries on 29/1/2018.