BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. INDERJEET

JUDGEMENT

(1.) The present appeal has been preferred by the appellant - Insurance Company for setting aside the impugned award dated 4.2.2010 passed by the Motor Accident Claims Tribunal, Rewari, vide which the driver, owner and appellant Insurance Company has been held liable to satisfy the award jointly and severally. Brief facts of the case are that on 23.7.2008, at about 9.00 a.m. the claimant Inderjeet, along with his cousin brother Anil Kumar was going to their village Khori, on TVS motorcycle after performing duties at NRL Petrol Pump situated on National Highway No. 8. When they crossed Agriculture University, the offending three wheeler bearing registration No. HR-47A/2490 being driven by Satyapal, in a rash and negligent manner struck against the motorcycle of Inderjeet. As a result, both occupants of motorcycle fell down and received multiple injuries. However, the driver of the offending vehicle fled away from the place of occurrence.

(2.) The claimant-respondents preferred claim petition bearing No. 289 of 2008/2009 before the Motor Accident Claims Tribunal Rewari, which was accepted by the learned Tribunal and an amount of Rs. 1,24,399/- was awarded as compensation in favour of claimants while holding the owner, driver and appellant-Insurance company liable to make the payment jointly and severally.

(3.) Feeling dissatisfied, the appellant-Insurance Company came up in the present appeal.