ROYAL SUDRAM ALLIANCE INSURANCE COMPANY LTD Vs. SHYAMWATI

JUDGEMENT

(1.) For the reasons mentioned in the application, the same stands allowed and delay of 218 days in filing the cross-objections stands condoned. FAO-8192-2017 (O&M) with XOBJC-24-2019(O&M)

(2.) On account of death of Bansi alias Bansi Lal son of Jagbir, resident of village Bhiduki, District Palwal in a motor vehicular accident, which took place on 10/10/2015 at 3:30/4:00 p.m. in the area of Hassanpur Chowk due to rash and negligent driving of vehicle make Maruti Wagon-R car bearing registration No.HR-30-P-7044 (hereinafter referred to as the offending vehicle) by Gajraj Singh (respondent No.1 before the Tribunal), legal representatives of the deceased, namely, Smt.Shyamwati, aged about 22 years - widow, Master Kunj Tanwar, aged about 6 months - minor son, Jagbir aged 63 years - father and Smt.Mohanwati, aged 61 years - mother of the deceased had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 against Gajraj Singh - driver, Mukesh Kumar - owner and M/s Royal Sundram Alliance Insurance Company Ltd. Chennai - insurer of the offending vehicle.

(3.) Notice of the claim petition was given to the respondents, who put in appearance and offered a contest. Vide detailed Award dtd. 4/9/2017, the claim petition was accepted and compensation of Rs. 30,88,172.00 was awarded to the claimants payable by all the three respondents jointly and severally with interest at the rate of 7.5 % per annum from the date of filing of the claim petition til actual realization.