RELIANCE GENERAL INSURANCE COMPANY LTD Vs. ROSHNI

JUDGEMENT

(1.) APPELLANT Reliance General Insurance Company Limited has filed this appeal against Smt.Roshni, Smt.Seema Devi, Vinod Kumar and Parveen Kumar respondents challenging the award dated 27.11.2014 passed by learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'Tribunal'), vide which the claim of Rs. 9,45,000/ - along with interest @ 9% per annum from the date of filing of petition till actual realization has been awarded. As per the record, Smt.Roshni and Smt.Seema filed the claim petition against Vinod Kumar, driver of offending canter No.HR - 45 -5168, Parveen Kumar, owner of offending canter and Reliance General Insurance Company Limited, insurer of offending canter under Section 166 of the Motor Vehicle Act, 1988.

(2.) THE brief facts of the case are that on 21.04.2012, Sonu was driving motorcycle bearing registration No.HR -06Q -3272. When he reached near Dera Matu Ladra, a canter bearing registration No.HR -45 -5168 came from Jind side in a rash and negligent manner and hit the motorcycle, as a result of which, Sonu received multiple and grievous injuries and died at the spot. FIR was got registered against Vinod Kumar. At that time, Sonu (deceased) was 24 years old and was driver by profession and was also running a milk dairy and earning Rs. 20,000/ - per month. The claimants are legal heirs of deceased Sonu and dependent upon him.

(3.) IN the written statement before the lower Court, it was alleged that there was no fault on the part of the driver -respondent in causing the alleged accident. The deceased himself was negligent and caused present accident.