ORIENTAL INSURANCE COMPANY LTD Vs. BALWINDER KAUR

JUDGEMENT

(1.) THIS appeal has been preferred by the Oriental Insurance Company against the award dated 02.12.2010 passed by the Motor Accident Claims Tribunal, Fast Track Court, Gurdaspur who awarded a consolidated amount of Rs.6,00,000/ - as compensation for the death of Navjot Singh.

(2.) BALWINDER Kaur and her husband Harbhajan Singh filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the death of their son Navjot, aged about 25 years and a IInd year student of B.A.M.S. Navjot was also a diploma holder in Pharmacy and had completed the course of Medical Laboratory Technician. His monthly income was stated to be Rs.7,000/ - per month. On 19.04.2009, at about 10:45 PM, Navjot was returning from his college and was going to the main bus stand to receive his friends. The motorcycle bearing registration No. PB -21B -7689 was being driven by Navdeep Singh. Navjot was sitting on the pillion. When they were near the chowk, the signal was green and they had the right of way but a Tavera Car bearing registration no.06H -0690 came from Chandigarh side at a high speed ignoring the red signal and the vehicle was brought to the wrong side and it hit the motorcycle leading to the instant death of Navjot. The injured were shifted to the hospital by the Punjab Police. Respondent no.1 fled from the spot along with his vehicle. The FIR was registered in the Police Station City Hoshiarpur on the statement of Navdeep Singh on the next day. The parents of deceased claimed Rs.25,00,000/ - as compensation.

(3.) AS usual the respondents took the usual pleas. Insurance company disputed its liability on various grounds including that of fake license.