UNITED INDIA INSURANCE COMPANY LTD Vs. JAGDEEP SINGH

JUDGEMENT

(1.) The insurance company has come up in appeal against the award of the Tribunal dtd. 25/9/2015 whereby compensation of Rs.15,25,920.00 has been awarded to the claimants on account of injuries suffered by Jagdeep Singh in a road accident which took place on 9/10/2013. Brief facts of the case are that on 08/9/10/2013 at about 12:30 a.m. the claimant Jagdeep Singh being pillion rider on motorcycle bearing registration No. HR-99-N-9573 which was being driven by Baljeet Singh were going to their house from Raipur Rani.

(2.) They were being followed by one Narinder on his separate motorcycle. At about 12:30 a.m. when they reached near Tirlokpur turn, the offending vehicle came from Tirlokpur side being driven by respondent No. 1 in a rash or negligent manner and hit against the motorcycle of the claimant. Due to accidental impact, the claimant and Baljeet Singh alongwith their motorcycle fell down on the road. The wheel of the offending vehicle ran over the right leg of the claimant. The claimant was taken to Government Hospital, Raipur Rani, from where he was referred to PGI, Chandigarh, where his right leg was amputated. Consequently, the claimant-Jagdeep Singh filed a claim petition before the Tribunal.

(3.) The insurance company is challenging the finding on the liability to make payment of compensation. Learned counsel for the insurance company has referred the judgment of Supreme Court passed in Oriental Insurance Company V/s. Angad Kaul and others 2009(2) RCR (Civil) 419 to contend that light motor vehicle cannot be transport vehicle. I have heard learned counsel for the parties and perused the case file. The offending vehicle was driven by respondent No. 1 who was having driving licence Ex.R1 according to which, he was authorized to drive light motor vehicle.