ORIENTAL INSURANCE COMPANY LIMITED Vs. NEERAJ CHANDAN

JUDGEMENT

(1.) This appeal by Oriental Insurance Co. Ltd (hereinafter referred to as the Insurer) is directed against the award dated 20.09.2014 passed by the Motor Accidents Claims Tribunal, Rajouri (hereinafter 'the Tribunal' for short) in Claim No.128/C titled Neeraj Chandan v. Ram Murti and anr., whereby the respondent No.1 (hereinafter referred to as the claimant) has been held entitled to a sum of Rs. 7,57,200/- along with interest @ 6 per cent from the date of filing of the petition till realisation except on future loss of income.

(2.) Briefly stated, the facts leading to the filing of this appeal, as are gatherable from the pleadings of the parties and the award, are that on 19.08.2008, a Maruti Van bearing Registration No.4720/JK02G driven by its driver Sanjeev Kumar in rash and negligent manner hit a stationary truck bearing Registration No.9810/JK02R near hotel of one Pritam Singh at Chingus and as a result of this accident, the driver Sanjeev Kumar died on spot and the claimant was travelling in the offending vehicle suffered critical injuries. He filed claim petition before the Tribunal which was contested by the owner as well as the insurer, the appellant herein. On the basis of the pleadings of parties, the Tribunal framed the following issues:

(3.) With a view to discharge its onus, the claimant besides appearing himself as witness also examined PW-Santosh Kumari, PW- Ragubhir Pal and PW- Dr. Shalinder Sharma as his witnesses. The Insurer, however, examined one witness i.e. PW Madan Lal, a clerk in the office of Insurer. On the basis of the material and evidence on record, the issue No. 1 was held proved in favour of the claimant. The Tribunal held that the accident had been caused by the driver of the offending vehicle by act of his rash and negligent driving in which the claimant sustained injuries resulting into his permanent disability. Issue No.2 was also decided in favour of the claimant and he was held entitled to a compensation of Rs. 7,57,200/- along with interest as noted above. On the Issue Nos. 3 and 4, the Tribunal after considering the statement of RW-Madan Lal, a clerk in the office of Insurer, came to the conclusion that the claimant who was travelling in the offending vehicle was a third party and, therefore, insured with the insurer. Accordingly, the aforesaid issues were also decided in favour of the claimant and against the insurer and consequently impugned award was passed.