NEW INDIA ASSURANCE COMPANY LIMITED Vs. SURAJ PARKASH

JUDGEMENT

(1.) The above appeal has been filed under S. 173 of the Motor Vehi-cles Act, 1988 (hereinafter referred to as the Act) against the award dated 21-9-1992 in Motor Accidents Claims Petition No. 7 of 1991 on the file of Motor Accident Claims Tribunal, Hamirpur, whereunder a sum of Rs. 25,000/- has been awarded as compensation to the claimant, who suffered injuries as a result of accident due to collision between a Maruti Van bearing No. HP-02-0251 belonging to the third respondent and a Motor Cycle. The accident was said to have occurred on account of rash and negligent driving of the Maruti Van by its driver, the 2nd respondent herein. The first respondent herein made a claim for the award of a sum of Rs. 3 lacs from the respondents. The third respondent in the Tribunal below was the insurance company (appellant herein) with whom the Maruti Van was said to have been insured.

(2.) The respondents contended that the claimant did not suffer injuries on account of rash and negligent driving of the Maruti Van by its driver but it was due to negligent driving of the Motor-cyclist. It was also claimed that the Maruti Van was being driven in violation of the Motor Vehicles Act and in contravention of the terms and conditions of the insurance policy and, therefore, the insurance company was not liable to pay compensation.

(3.) On the above claims and counterclaims, the claim petition came to be tried and the learned Judge in the Tribunal below, on an appreciation of the oral and documentary evidence on record came to the conclusion that the accident has occurred because of the rash and negligent driving of the driver of the Maruti Van, the 2nd respondent herein and that it is on account of the same the claimant received injuries resulting in the fracture of the right leg of the claimant, which caused permanent disability to him to the tune of 15 per cent. As for the quantum of compensation, the Tribunal below as noticed above, determined the sum at Rs. 25,000/- and held the insurance company liable to pay compensation to the claimant.