RELIANCE GENERAL INSURANCE COMPANY LTD Vs. HARJIT KAUR

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals i.e. FAO Nos. 2229 and 2407 of 2012 which have arisen out of one common award passed by Motor Accidents Claims Tribunal, Tarn Taran in MACT Case No. 14/2011 of 2009 arising out of the same accident.

(2.) BRIEFLY stated, the claimants sought compensation under Section 163A of the Motor Vehicles Act, 1988, on account of death of one Balraj Singh, who died due to multiple grievous injuries caused in a motor vehicular accident due to the use of the offending vehicle which was being driven by respondent No. 6 and owned by respondent No. 5.

(3.) BOTH the claim petitions were contested by the driver as well as the owner and insurer of the offending vehicle. The driver and owner of the offending vehicle in the written statement admitted that Balraj Singh and Balwinder Singh received multiple grievous injuries due to the use of the offending vehicle in the accident in question. However, in the written statement filed on behalf of the Insurance company, it was submitted that no accident was ever caused by the driver of the offending vehicle, as alleged and the amount of compensation claimed was exaggerated. Thus, denying the averments of the claim petitions, dismissal of the same was sought.