NATIONAL INSURANCE COMPANY LTD Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS is an appeal directed by National Insurance Company Ltd against the Award dated 13.05.2014 passed by Shri Atul Kasana, Motor Accident Claims Tribunal, Chandigarh vide which claim petition filed by the claimants/respondents was allowed and a sum of Rs.7,07,697/ - were awarded to the claimants on account of injuries sustained by him in a motor vehicular accident.

(2.) BRIEFLY stated that on the intervening night of 5/6.02.2012 claimant was going from Nayagaon to his house in Sector 7, Chandigarh while sitting on the pillion seat of a motor cycle bearing registration No.HR -25 -C -3122 being driven by respondent No.1 in a rash and negligent manner and at about 2.00am they reached near the chowk of Sectors 4,5, 8 and 9 Chandigarh the motorcycle went out of control on account of its fast speed and it struck against the divider, as a result of which the claimant and respondent no.1 fell down and sustained injuries. He was taken to general hospital sector 16, Chandigarh from where he was referred to PGI. The accident took place due to his rash and negligent driving of motorcycle bearing No.HR -25 -C -3122 by respondent No.1. The claimant is claiming compensation to the tune of Rs.50lacs on various counts and prayed that compensation be awarded along with interest @ 12% per annum from the date of petition till realization.

(3.) UPON notice, respondents No.1 and 2 did not appear despite their effective service and were proceeded against ex -parte vide order dated 5.9.2012 and 2.5.2012 respectively.