MAC. App. No. 280/2012. Case: New India Assurance Co. Ltd. Vs Smt. Kawal Jit Kaur & Ors.. High Court of Delhi (India)
| Case Number | MAC. App. No. 280/2012 |
| Counsel | For Appellant: Mr. Sameer Nandwani, Advocate and For Respondents: Mr. R.K. Bachchan and Mr. A.K. Mahur, Advocates |
| Judges | Suresh Kait, J. |
| Issue | Motor Vehicles Act, 1988 - Sections 140, 166 |
| Judgement Date | November 26, 2013 |
| Court | High Court of Delhi (India) |
Judgment:
Suresh Kait, J.
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Vide the present appeal, the appellant/Insurance Company has assailed the impugned award dated 08.12.2011, whereby the learned Tribunal has granted compensation of Rs. 25,54,000/- with interest at the rate of 7.5% per annum in favour of the respondents/claimants from the date of filing of the claim petition, i.e., 14.05.2007 till its realization. Learned counsel appearing on behalf of the appellant/Insurance Company submitted that the alleged offending vehicle bearing registration No. DL-1RG-6070 was not involved in the accident as none of the eye witnesses have proved that the accident in question was occurred due to rash and negligent driving of the driver of said vehicle which resulted the death of Jaspreet Singh.
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Brief facts of the case are that on 03.02.2007 at about 11.50 pm, the deceased Jaspreet Singh was coming from his office to his house at Lajpat Nagar, New Delhi. He hired the offending vehicle, i.e., Bajaj Auto Rickshaw bearing registration No. DL-1RG-6070 from his office at ITO to reach his house at Lajpat Nagar. When the deceased reached near the bus stop of Lajpat Nagar opposite Petrol Pump, Defence Colony, he requested the driver/respondent No. 5 to stop the Three-wheeler Scooter Rickshaw (TSR). Accordingly, the said driver stopped the TSR near the bus stop of Lajpat Nagar. When the deceased was coming out from the TSR, respondent No. 5/driver of the offending vehicle started the TSR. As a result thereof, the deceased was dragged on the road because his half portion of the body was in the TSR and half was being dragged on the road. Ultimately, after dragging about 50 meters, the deceased fell down on the road and received grievous injuries on his body and head. Thereafter, respondent No. 5 stopped the TSR. The passengers waiting for their buses at the Lajpat Nagar Bus Stop tried to catch the driver of the offending vehicle but he fled away from the spot.
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Issue No. 1 framed by the learned Tribunal vide order dated 16.01.2009, reads as under:-
Whether deceased suffered fatal injuries in an accident which took place on 03.02.2007 at about 11.50 pm involving Bajaj Auto Rikshaw bearing No. DL-1RG-6070 driven by Respondent no. 2 and vehicle owned by Respondent no. 1 and insured with respondent no. 3? OPP
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Learned counsel for the appellant/Insurance Company submitted that if the claim petition filed under Sections 166 and 140 of the Motor Vehicles Act, 1988, claimants have to prove the...
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