NATIONAL INSURANCE COMPANY LTD Vs. HOSHYAR SINGH

JUDGEMENT

(1.) CM No.10947 -CII of 2015

(2.) APPELLANT National Insurance Company Ltd. has filed this appeal against Hoshyar Singh and other respondents challenging the impugned Award dated 23.09.2014 passed by learned Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as 'Tribunal'), vide which compensation of Rs. 13,50,000/ - along with interest @ 8% per annum from the date of filing the petition till realization has been awarded to the claimants.

(3.) THE brief facts of the case are that claimant Hoshyar Singh filed claim petition under Section 166 of the Motor Vehicles Act, 1988 against Mehtab, driver of motorcycle bearing registration No.HR -14F - 6593 (offending vehicle), Sat Narayan owner and National Insurance Company Ltd., Insurer of the offending vehicle, stating therein that on 30.08.2010, he was coming from Jhajjar side on his bicycle. A motorcycle bearing registration No.HR -14F -6593 driven by respondent -driver at a very high speed and in rash and negligent manner, came from back side and hit claimant. Claimant fell down on the road and received grievous injuries on his both legs and other parts of the body. He was taken to General Hospital, Jhajjar, from where he was referred to PGIMS Rohtak. The accident was witnessed by Tek Chand, brother of the claimant, who lodged the FIR No.487 dated 31.08.2010 under Sections 279 and 337 IPC at Police Station Jhajjar. It is further stated in the claim petition that accident took place due to rash and negligent driving of offending vehicle. Claimant claimed compensation of Rs. 15 lacs along with interest @ 18% per annum.