RELIANCE GENERAL INSURANCE CO. LTD. Vs. VIRENDER

JUDGEMENT

(1.) Briefly stated, facts of the case are that petitioner-claimant Virender son of Sh. Alharam, resident of VPO Mokhra, Tehsil Meham, District Rohtak, had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, against respondents i.e. Yaad Ram-driver, Gurmit Singh-owner and Reliance General Insurance Company, Rohtak-insurer of Toyota Innova car No. HR 58-B-0321 (hereinafter to be referred to as 'the offending vehicle'), claiming compensation of Rs.50.00 lacs.

(2.) As per version of the claimant, on 25/9/2014, he alongwith his son Ravi Kant started journey for going from Sector 26, Panchkula to Ramgarh, on his motorcycle TVS Star City, bearing registration No. HR-03H-1665, at about 3.30/3.45 P.M. When they reached in front of Sainik Petrol Pump, NH-73 PKL, Panchkula, the petitioner dropped his son Ravi Kant there and then he started for Ramgarh. At that moment a Toyota Innova car bearing registration No. HR-58B-0321, driven by respondent No. 1 Yaad Ram, in a rash and negligent manner came from behind and struck against the motorcycle of petitioner-claimant resulting in an accident. The petitioner fell on the road, suffered injuries and become unconscious. Respondent No. 1 Yaad Ram ran away from the spot after the mishap. Ravi Kant, son of the petitioner had noted down the number of the offending vehicle. Ravi Kant with the help of one Dharambeer shifted the petitioner-claimant to Government Hospital, Sector 6, Panchkula, for treatment. However, from that medical institution, the petitioner-injured was shifted to PGI, Chandigarh. The matter was reported to the police. Formal FIR regarding the accident was registered. Petitioner-claimant had then filed a claim petition before the Motor Accidents Claims Tribunal, Rohtak.

(3.) Notice of such petition was given to the respondents, who were served and put in appearance filing written statements.