ORIENTAL INSURANCE COMPANY Vs. SOMA DEVI

JUDGEMENT

(1.) Challenging the grant of compensation to the mother of a young man, aged twenty?one years, who lost his life, when the car owned by the first respondent, and driven by the second respondent, met with an accident with his bike, resulting into his death, the Insurance Company (third respondent), upon whom the Motor Accident Claims Tribunal placed the entire liability under the Motor Vehicles Act, 1988, has come up before this Court by filing present appeal seeking discharge of its obligation.

(2.) The gist of the facts, leading to this appeal, traces its origin to an FIR No. 219 dated Jun 20, 2010, registered under Sections 279, 337 of IPC in the file of Police?Station?Balh, District? Mandi, HP, based on complaint filed by second respondent Jai Ram, against Harish Kumar (Deceased), the driver of the Motorcycle, for driving rashly and negligently on a public way and hitting the car driven by Jai Ram.

(3.) Jai Ram, the driver of the car, narrated to the Police that on Jun 19, 2010, he was driving the car bearing registration No. HP33B?2444. When he reached near Bhangrotu Bridge, then a little ahead, a motorcycle bearing registration No. HP34A?9526 came from the side of Ner Chowk. The bike was coming at a very high speed. It came towards the side of his car and hit it from the driver's side. Due to the impact of the accident, the motorcycle, along with its driver and the pillion rider, fell. Both the riders received injuries. On hearing the sound of impact and the commotion, the people from nearby locality came for rescue and took the injured to the Zonal Hospital, Mandi, HP. Keeping in view the serious condition of the victim, the Hospital, referred him to I.G.M.C. hospital at Shimla. On the way to Shimla, when he reached Bilaspur, the injured breathed his last.