ORIENTAL INSURANCE COMPANY LTD Vs. KAMAL AND OTHERS

JUDGEMENT

(1.) The appellant i.e. Insurance Company has filed the present appeal, assailing the impugned Award dated 27.9.2010, passed by the learned Motor Accident Claims Tribunal, Nuh at Mewat, vide which the claim petition was allowed and the appellant i.e. Insurance Company was held liable to pay the compensation amount to the appellant.

(2.) The factual matrix of the case is that on 21.9.2008, the injured Kamal was going to village Khanpur Ghati on foot. Meanwhile, a tractor being driven by Chandru in a rash and negligent manner, near the turn of village Khanpur Ghati, hit the injured from behind. He suffered multiple grievous injuries and was rushed to Trauma Centre at AIIMS, New Delhi. In this regard an FIR No.169 dated 21.10.2008, under Sections 279/337 of the Indian Penal Code was registered at Police Station, Nagina against the driver namely Chandru. The injured -claimant by filing the claim petition, claimed a sum of Rs.10 lacs.

(3.) Notices were issued to the respondents. None appeared on behalf of the driver and owner, accordingly, they were proceeded against exparte. Respondent -Insurance Company ( herein the appellant) contested the claim petition by filing reply.