NEW INDIA ASSURANCE COMPANY LTD. Vs. RAJBIR SINGH

JUDGEMENT

(1.) The appellant-Insurance Company has filed present appeal seeking setting aside of award dated 13.01.2010 passed by the learned Motor Accidents Claims Tribunal, Faridabad (for short 'the Tribunal') in MVA Petition RBT No.153 of 2007/2008 titled as Rajbir Singh and another Vs. Manoj Kumar and another whereby compensation of Rs.2,88,400/- was awarded with costs and interest to claimants on account of death of Rakesh Kumar in a motor vehicle accident, which took place on 11.07.2007.

(2.) For the sake of convenience, the parties are referred to by their description in the claim petition.

(3.) The claimants-parents of the deceased filed petition under Section 166/140 of the Motor Vehicles Act, 1988 (for short 'the M.V.Act') on the averments that on 10.07.2007 in the night Rakesh Kumar (since deceased) hired Maruti Van bearing registration No.HR-29V-0230 owned and driven by respondent No.1 for going from Ballabgarh to village Nathusari Chopta (Hisar). Rakesh Kumar, Mukesh, Naveen, Jaspal Kumar, Manoj Pathania, Om Parkash, Suresh and Sardar Singh were sitting in the Maruti Van. When at about 1:30 a.m. they reached near Jagat Palace Hotel on National Highway No.10 in the area of police station Agroha (Hisar), a dog suddenly came on the road but the Maruti Van was being driven by respondent No.1 at such high speed that respondent No.1 could not control the Maruti Van which struck against the 'Pulia' (culvert) and turned turtle due to which all the occupants of the Maruti Van suffered serious injuries. All the injured were taken to Agrasen Medical College, Agroha (Hisar) where the attending doctor declared Rakesh Kumar dead. Respondent No.1, in order to avoid his liability, lodged Daily Diary Report No.7 dated 11.07.2007 in Police Station Agroha cleverly asserting that there was no negligence on his part in causing of the accident.