JASPAL SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The present appeal has been filed by the appellant/owner of the offending vehicle against the award dtd. 7/11/2012 passed by learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'the Tribunal' for short) whereby the claim petition filed by claimant namely Raj Kumar under sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) seeking compensation on account of injuries suffered by him in a motor vehicle accident, was partly accepted. However, the Tribunal granted recovery rights to the insurance company to recover the amount of compensation awarded by it from the owner and driver of the offending vehicle jointly and severally.

(2.) Brief facts of the case are that on 10/4/2012 the claimant namely Raj Kumar along with somepassengers was travelling in a truck bearing registration No. HR 56-N- 0455 and was sitting in the rear portion of the said truck. When the said truck reached a little ahead of Samana Bahu near Shakti Bhog Mill on G.T.Road, another truck bearing registration No. HP-12-C-4667, being driven by its driver namely Gurmukh Singh in a rash and negligent manner, without blowing any horn, came from behind and hit truck bearing registration No.HR-56-N-0455. As a result of the impact, one person namely Sushil Kumar and the claimant fell from the truck and received injuries. The offending truck ran over the legs of the claimant. The claimant was taken to Sony Hospital, Kurukshetra from where he was shifted to Dr.Ashok Gupta, Hospital, Karnal and from there he was referred to PGI, Chandigarh where his left leg was amputated.

(3.) The learned Tribunal awarded a sum of Rs.5,95,000.00 as compensation along with interest at therate of 9% p.a. from the date of filing of the claim petition till realisation. At first instance, the compensation was to be paid by the insurance company, however, recovery rights were granted to it to recover the same from the owner and driver of the offending vehicle jointly and severally.