GIRRAJ PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred by respondent nos.1 & 2 who have disputed the liability placed upon them vide award dated 10.10.2000 passed by the Motor Accident Claims Tribunal, Gurgaon.

(2.) The factual matrix, the Union of India filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation for damage to the vehicles belonging to the Central Reserve Police Force. Both the vehicles owned by the Union of India were proceeding on Nuh Ferozepur Jhirka Road on 30.04.1997 when a Tata 407 bearing registration no.RJ-29G-0139 owned by respondent no.2, driven by Girraj respondent no.1 (now appellant no.1) hit Gypsy no.DL-09C- 0548. Vehicle Tata 407 also hit the second Gypsy no.DL-09C-0547. Both the vehicles were damaged and suffered loss of Rs.2,28,233/-.

(3.) Respondent Nos.1 & 2 disputed its liability. The insurance company took the plea that the accident occurred on account of negligence of Rajinder Singh, one of the employees of petitioner and the facts had been distorted. It was also pleaded that the claim was exaggerated and it was a case of limited liability.