LAWS(P&H)-2019-1-410

NEW INDIA ASSURANCE COMPANY LTD. Vs. RAJESH KUMAR

Decided On January 08, 2019
NEW INDIA ASSURANCE COMPANY LTD. Appellant
V/S
RAJESH KUMAR Respondents

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging award dtd. 20/12/2011, passed by the learned Motor Accident Claims Tribunal, Patiala (for short 'Tribunal'), whereby compensation has been awarded by the learned tribunal to the claimant-respondents on account of death of Nek Ram.

(2.) As per averments in the claim petition under Sec. 166 of the Motor Vehicles Act (for short 'Act'), on 23/8/2001, Nek Ram along with his son Rajesh Kumar and nephew Mohinder Singh, were standing near a tea stall located near Haryana Service Station on G.T.Road, Ambala Cantt. A Maruti car bearing registration no. HR-04-7717 at about 8.45.p.m., came from the side of Shahbad. The said Maruti car was being followed by a jeep i.e. Tata Sumo bearing registration no. PB-11-J-0159, which was driven in a rash and negligent manner. The driver of the jeep over took the Maruti car from wrong side i.e. from the left hand side, without blowing horn and in that process the said Tata Sumo came on the extreme left side of the road where the abovesaid persons were standing. The said jeep struck into Nek Ram. As a result thereof, Nek Ram received multiple injuries and died on his way to the hospital. FIR No. 93 dtd. 23/8/2001, under Ss. 279, 337, 304-A IPC, Police Station City Parav, was registered against respondent no.5-Anil Kumar, in this respect.

(3.) A claim petition was filed by one of the claimants at Ambala, but the same was withdrawn in February 2003. Present petition under Sec. 166 of the Motor Vehicles Act was filed by all the claimantrespondents again at Patiala seeking compensation.