ORIENTAL INSURANCE COMPANY LIMITED Vs. CHUBHI HANSDA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant- Insurance Company against the award dtd. 10/3/2017 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal').

(2.) Learned counsel for the appellant-Insurance Company would contend that there was no negligence in the present case and in fact the driver of the vehicle has since been acquitted in the criminal case. It is further the contention that the eye-witness Surender Lal, on whose statement the FIR was registered, resiled from his statement before the Trial Court in the criminal case and he was declared hostile. It is further the contention of learned counsel for the appellant-Insurance Company that the amount awarded towards future prospects is on the higher side and not in consonance with the law laid down by Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi and Ors. [2017(4) RCR (Civil) 1009].

(3.) Per contra, learned counsel for respondent Nos.1 and 2/claimants has contended that solely for the reason that the driver stood acquitted in the criminal case would not be a ground for dismissing the claim petition under the Motor Vehicles Act, 1988. Learned counsel for respondent Nos.1 and 2/claimants has further contended that the said question is no longer res integra and the same stands settled by the Supreme Court in the case of Sunita and Ors. vs. Rajasthan State Road Transport Corporation and Anr. [(2020)13 SCC 486].