ORIENTAL INSURANCE COMPANY LIMITED Vs. JITENDRA SINGH

JUDGEMENT

(1.) Appellant-Insurer has laid this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to challenge judgment and award dtd. 22/10/2018, passed by Motor Accident Claims Tribunal, Rajsamand (for short, 'learned Tribunal') awarding compensation to the injured respondent-claimant. By the impugned judgment and award, learned Tribunal held the appellant insurance company and driver and owner of offending vehicle jointly and severally liable to pay awarded compensation amount of Rs.9,05,619.00 along with interest @ 8.5% per annum from the date of filing claim petition.

(2.) The facts, apposite for the purpose of this appeal are that on 2/5/2015, respondent-claimant Jitendra Singh was on way from Bheem to Gomati Circle driving vehicle Bolero RJ-01-TA-1658 (RJ- 20-UA-0071) and reached near village Devdungri on National Highway No. 8, at that time offending vehicle Mahindra Maxx bearing registration No. RJ-06-T-0366, driven by respondent No. 2 Salim Khan in rash and negligent manner, collided with Bolero and as result thereof he sustained grievous and simple injuries. Claim petition filed by the respondent-claimant was contested by appellant insurer denying the averments of claim petition as usual. On the basis of pleadings, the learned Tribunal framed three issues and the claimant tendered oral as well as documentary evidence, however, no evidence on behalf of non-claimants was produced in defence. Finally, the learned Tribunal, after hearing arguments of rival parties, by the impugned judgment and award, held the appellant insurer and driver and owner of offending vehicle liable for payment of compensation to the respondent-claimant, as aforementioned.

(3.) The learned counsel for the appellant has argued that assessment of compensation amount payable to respondent- claimant in this appeal is per-se erroneous and contrary to the available material as the claimant himself was responsible for accident yet the damages on account of medical expenses have been allowed to the tune of Rs.7,94,019.00 whereas in a claim under Sec. 163-A compensation is to be awarded on structured formula basis contained in Schedule II to the Act to the maximum limit of Rs.15,000.00 only. Learned counsel submits that crucial issue of rash and negligent driving, decided by learned Tribunal, is not based on proper appreciation of evidence. Besides that, the learned counsel pleaded that the rate of interest allowed is excessive to the market rate and prayed for reduction in rate of interest from 8.5% to 6. Lastly, he submits that the impugned award cannot be sustained against appellant-insurer.