NATIONAL INSURANCE CO.LTD. Vs. TARA DEVI

JUDGEMENT

(1.) Present appeal has been filed by National Insurance Company impugning the award dated 03.01.2013 passed by the learned Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as the 'Tribunal').

(2.) While not addressing any arguments qua quantum of compensation awarded to the claimants, it is argued that appellant-insurance company should have been exonerated from its liability and in the alternate at least recovery rights should have been afforded to the appellant.

(3.) Brief facts of the case are that Shakti Chand alias Shakti Singh deceased was travelling with Som Nath as a pillion rider on motor cycle bearing registration No. HP-20-C-1408. Som Nath was driving on the correct side of the road at normal speed while observing traffic rules. When they were going towards Nangal another motorcycle bearing registration No. HP-20-D-3587 driven by Kashmiri Lal in rash and negligent manner and at a high speed came at about 7.45 p.m. from their rear. He did not blow horn and struck into the motorcycle on which deceased Shakti Chand alias Shakti Singh was travelling. Shakti Singh sustained injuries and fell unconscious. He was taken to BBMB Hospital, Nangal by Santosh Singh, thereafter, referred to PGI Chandigarh where he ultimately succumbed to his injuries.