NEW INDIA ASSURANCE COMPANY Vs. MUKESH KUMAR

JUDGEMENT

(1.) BY this common judgment, I will dispose of two connected FAO Nos. 4996 and 6964 of 2010 arising out of the same accident.

(2.) BRIEFLY stated, Mukesh Kumar filed a claim petition under Section 163 -A of Motor Vehicle Act, 1988 for grant of compensation to the tune of Rs. 7 lacs alongwith interest on account of the injuries sustained by him in Motor Vehicular accident with Car No. DL -4CG/6890 which was being driven by said Mukesh Kumar as employee of respondent No. 1 (presently respondent No. 2). It is stated that on 26.2.2008 claimant was employed as driver on the said car which was owned by respondent No. 1 (presently respondent No. 2) but registered in the name of respondent No. 2 (presently respondent No. 3). It was insured with respondent No. 3 (presently appellant). Claimant was driving the car and was going from Chandigarh to Sirsa. On the said date, at about 7.30 p.m. when the car reached in the area of village Janiana, Police Station Bhuna, District Fatehabad, a Neel Gaye (cow) suddenly came in front of the car. In the process of saving the said cow, the car went out of the control and fell into a pit on the side of the road. As a result of which claimant sustained injuries. Daily Diary Report No. 25 dated 27.2.2008 was lodged at police station Bhuna.

(3.) RESPONDENT No. 2 appeared but failed to file written statement and was proceeded against ex parte. Respondent No. 1 in the written statement admitted that claimant had met with an accident and received injuries. It was stated that respondent No. 2 is the registered owner but the said car was purchased by respondent No. 1. It was stated that respondent No. 1 is not liable to pay any compensation and the liability, if any, is that of respondent No. 3 with whom the car was insured.