NATIONAL INSURANCE COMPANY LIMITED Vs. HERINDER

JUDGEMENT

(1.) Instant appeal filed under S.173 of Motor Vehicles Act (hereinafter, 'Act') lays challenge to award dtd. 28/11/2015, passed by Motor Accident Claims Tribunal Shimla, Himachal Pradesh in MAC Case No. 5-S/2 of 2013, whereby learned Tribunal below, while allowing claim petition having been filed by respondent No.1/claimant (hereinafter, 'claimant') directed appellant-insurance company to pay sum of Rs.8,77,570.00 alongwith interest at the rate of 7.5 % from the date of filing of petition till deposit.

(2.) Precisely, the facts of the case, as emerge from the record, are that the claim petition under S.166 of the Act came to be instituted before Motor Accident Claims Tribunal, Shimla, Himachal Pradesh by claimant, seeking compensation on account of injuries/disability suffered by him in road accident involving vehicle bearing registration No. HP-01A-4268 against respondent Nos. 2 and 3 and appellant-insurance company being owner, driver and insurer, respectively of the vehicle involved in the accident. As per claimant, alleged accident took place on 5/11/2012 at about 6.15 pm at Hira Nagar, Shimla, while he was standing on the roadside. Vehicle bearing No. HP-01A- 4268 being driven by respondent No.3 in rash and negligent manner, hit the claimant, as a consequence of which he sustained injuries and was taken to hospital. Claimant pleaded that he suffered 30% permanent disability in the accident and on account of his injury, remained under treatment at IGMC from 5/11/2012 to 12/12/2012. Claimant pleaded that on account of accident, his future is in dark and as such, he be granted compensation to the tune of Rs.30.00 Lakh alongwith interest at the rate of 12% per annum, from the respondents.

(3.) Respondent Nos. 2 and 3, by way of joint reply, denied the involvement of vehicle bearing registration No. HP-01A-4268 in the accident, Respondents pleaded that the claimant was already lying on road in injured condition and respondent No. 3 helped him to reach the hospital, however, while admitting the factum with regard to lodging of FIR against them they claimed same to be false.