UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHIRAG GARG

JUDGEMENT

(1.) The present miscellaneous appeal is filed challenging the award dtd. 17/7/2025 passed by the Motor Accidents Claims Tribunal No. 2, Udaipur (Learned Tribunal), whereby the claim petition preferred by the respondents-claimants was allowed holding them entitled for compensation to the tune of Rs.2,85,600.00 alongwith interest @ 9% per annum.

(2.) The brief facts of the present case are that an accident took place on 9/6/2022, when the claimant - Chirag Garg was driving a motorcycle RJ-27-QS-9264 alongwith his friend Dashrath and respondent No. 1, while driving the Tanker RJ-27-GC-6609 in a rash and negligent manner, struck the motorcycle which resulted in severe injuries to the claimant - Chirag Garg. For claiming compensation under the provisions of Motor Vehicles Act, the claim petition was preferred. Respondent Nos. 1 and 2 did not appear before Learned Tribunal and, therefore, ex-parte proceedings were undertaken against them. Reply to the claim petition was filed on behalf of the appellant.

(3.) Based on the pleadings of the parties, learned Tribunal framed four different issues. While dealing with the issue No.1, learned Tribunal after considering the fact that following a thorough investigation, the investigating agency filed a challan against the driver of the Tanker and thus, concluded that the accident occurred due to rash and negligent driving of the driver. While dealing with issue No.2, learned trial Court observed that the Insurance Company failed to establish any violation of the policy, as the relevant documents such as the Insurance Policy, Cover Note and Driving License were duly produced and accepted during the proceedings. Accordingly, the Insurance Company was held liable to pay compensation. While dealing with issue No. 3, considering the age and income of injured Chirag, the learned Tribunal awarded a sum of Rs.2,85,600.00 in favour of the claimant.