NATIONAL INSURANCE COMPANY LIMITED Vs. PARAMJIT SINGH MANN

JUDGEMENT

(1.) THIS is an appeal directed by the Insurance Company against the Award dated 07.11.2012 passed by Shri A.S.Grewal, Presiding Officer, Motor Accident Claims Tribunal, Sangrur vide which claim petition filed under Section 166 of Motor Vehicles Act ( in short - the Act) directed by Paramjit Singh Mann claimant was partly accepted and a sum of Rs.93,687/ - was granted.

(2.) BRIEFLY the case of the claimant is that on 12.10.2010 around 3.00am claimant alongwith his father i.e. respondent No.1 Santokh Singh were going from Officer Colony, Sangrur to their house on motorcycle bearing registration No. PB -13V -2500. The above said motorcycle was driven by the respondent No.1 and claimant was the pillion rider. Claimant asked the respondent No.1 to slow down the speed of motorcycle and to drive the motor cycle carefully but respondent no.1 kept on driving the motorcycle in a rash and negligent manner. Due to the rash and negligent driving of the motorcycle by the respondent No.1, the motorcycle skidded and due to that claimant fell down on the road and sustained multiple grievous injuries on his person. The motorcycle was badly damaged in the said accident. Claimant was taken to Civil Hospital, Sangrur. Even the concerned doctor sent the ruka to Police Station City Sangrur but the police never took any action. Claimant was then referred to Amar Hospital, Patiala where he remained admitted from 12.10.2010 to 15.10.2010. Claimant never lodged any DDR/FIR regarding accident as the vehicle was driven by his father -respondent No.1. Hence the claim petition.

(3.) ON notice, respondents appeared and respondent No.1 filed his written statement alleging that he never drive the vehicle in a rash and negligent manner. Therefore, he is not liable to pay any compensation to the claimant. moreover, the motorcycle was insured with respondent No.2 and respondent No.1 was having a valid driving licence and registration certificate. Denying other averments, answering respondent prayed for dismissal of the claim petition.