ROYAL SUNDERAM ALLIANCE INSURANCE CO. LTD. Vs. SONU

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Insurance company against the award dtd. 5/4/2013 passed in a claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Palwal (for short, 'the Tribunal'), wherein the appellant-Insurance company was fastened with the liability to pay the compensation to the claimants along with interest @ 2.5% per annum from the date of filing of petition till actual realization.

(2.) Brief facts of the case are that on 8/7/2010 at about 2.30 p.m., claimant/injured sonu along with his cousin Jai Parkash was going to their village on motor cycle no. HR 29P 9391 which was being driven by Jai Parkash. When they reached near M/s Autoluck Company, GT Road, Prithla, district Palwal, a dumper bearing registration no. HR 55F 6768 being driven by respondent no. 1 Mam Raj alias Mam Chand in a rash and negligent manner and while overtaking he hit their motor cycle from behind. Resultantly the claimants Sonu and Jai Parkash fell down on the road and sustained multiple grievous injuries. The injured were shifted to Om Spero Hospital, Palwal and were later on referred to Asian Hospital, Faridabad. The matter was reported to the police and a case vide First Information Report No. 279 dtd. 9/7/2010 under Sec. 279, 337 and 427 IPC was registered against respondent no. 1 in police station, Sadar Palwal.

(3.) Upon notice of the claim petition, respondents No.1 and 3 appeared and contested the claim petition by filing written statement denying the factum of accident/compensation.