NATIONAL INSURANCE COMPANY LIMITED Vs. LALTESH

JUDGEMENT

(1.) The present appeal has been preferred against the award dtd. 7/7/2017 passed in the claim petition filed under Ss. 166/140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Palwal (for short, 'the Tribunal'), whereby the appellant-Insurance company was held liable to pay the compensation to the claimants/respondents No.1 to 3 to the tune of Rs.11,00,000.00 along with interest @ 7.5% per annum on account of death of Jasbir.

(2.) Brief facts of the case are that on 1/1/2014, Jasbir (since deceased), along with Inderjeet (since deceased), was returning from school after attending the annual function on a motorcycle bearing registration No. HR-50C-3980. On the way, upon meeting Satbir and Mehar Chand at Ghasera turn, the motorcycle was stopped. Mehar Chand also took a lift on the said motorcycle, whereas Satbir proceeded on another motorcycle. When they reached near the water hut, a tractor bearing registration No. HR38S-5957, attached with a trolley and driven by respondent No.1 in a rash and negligent manner, came from the side of Hassanpur and while crossing, struck against the motorcycle of deceased Jasbir. As a result of the impact, all three occupants fell onto the kachha road. Respondent No.1 abandoned the tractor-trolley at the spot and fled away. Jasbir succumbed to the injuries at the spot, whereas Mehar Chand and Inderjeet were taken to General Hospital, Palwal. Considering their serious condition, they were referred to Safdarjung Hospital, Delhi. However, Inderjeet succumbed to his injuries on 2/1/2014. The matter was reported to the police and in this regard, FIR No.4 dtd. 2/1/2014, under Ss. 279, 337 and 304-A the Indian Penal Code, 1860 was registered against respondent No.1 at Police Station Hassanpur.

(3.) Upon notice of the claim petition, respondents appeared and contested the claim petition by filing their separate written replies and denied the factum of the accident/compensation.