NEW INDIA ASSURANCE CO. LTD Vs. KARAMJIT

JUDGEMENT

(1.) The insurance company has challenged the award passed by the Tribunal directing it to pay compensation in the claim petition filed by the claimants under Section 163A of the Motor Vehicles Act (for short 'the Act').

(2.) The widow and two minor children of the deceased Ravi Kumar are the claimants in the claim petition. They have contended that on 25.12.2007, Ravi Kumar slipped down from the scooter bearing registration No.CH03Q-2825 when he was returning to his village. Inspite of the medical treatment given to him, he succumbed to the injuries he sustained on 27.12.2007 on account of the use of the offending scooter. They claimed compensation to the tune of Rs. 6 lacs alongwith interest at 12% interest per annum under Section 163A of the Act.

(3.) The 2 nd respondent-Insurance Company filed written statement taking a usual plea that the driver of the offending scooter was not holding an effective driving licence at the time of the alleged accident and that the offending scooter was not insured with the 2 nd respondent. Having contended that the claimants were not entitled to any compensation, the 2 nd respondent prayed for dismissal of the claim petition.