Delhi High Court
New India Assurance Co Ltd. vs Smt Santosh Raj & Ors. on 3 October, 2013
Author: Suresh Kait
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 3rd October, 2013
+ MAC.APP. 248/2012
NEW INDIA ASSURANCE CO LTD. ..... Appellant
Represented by: Mr. Soumik Mazumdar, Adv.
versus
SMT SANTOSH RAJ & ORS. ..... Respondents
Represented by: Ms. Pooja Goel, Adv. for R1 to
R4.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 07.01.2012, whereby, ld. Tribunal has granted compensation of
Rs.5,74,900/- with interest @ 7.5% per annum from the date of filing of the
petition till realization.
2. Ld. Counsel appearing on behalf of the appellant has argued the
instant appeal only on the ground that there was no negligence on the part of
the offending vehicle despite that ld. Tribunal has granted compensation as
noted above; and fastened the liability on the appellant.
3. On perusal of record, it is established that PW1Santosh Raj, mother of
the deceased has proved the death certificate Ex.PW1/4. PW3, Constable
Karamvir deposed that in the intervening night of 7/8.10.2009, he was on
duty. A motorcycle and a truck were coming from Anand Vihar side. Some
work was going on the road for construction of the Pulia and the building
material was lying on the road. The truck driver tried to overtake the
motorcycle and hit the motorcycle by the left side of the truck. He signalled
the truck driver to stop. Thereafter, the motorcycle was removed. A PCR
van came at the spot and took the injured to the hospital. Driver of the
offending truck was arrested.
4. Moreover, FIR, Post-Mortem Report, site plan and testimony of the
PW3 together fully established that the death of the deceased was caused
due to the injuries sustained in the road accident. There is nothing on
record to dispel the inference that deceased Sanjay Raj had died on account
of injuries sustained in the road accident which occurred on 07/08.10.2009
involving the vehicle Registration no. HR-55-3324 being driven by its driver
in a rash and negligent manner.
5. To rebut the negligence on the part of the offending vehicle, no
evidence has been led by the appellant / insurance company.
6. Keeping in view the evidence on record, ld. Tribunal has rightly come
to a specific finding that the driver of the offending vehicle was negligent,
who caused the accident due to which Sanjay Raj died.
7. Therefore, I do not find any discrepancy in the award passed by the ld.
Tribunal.
8. Accordingly, instant appeal is dismissed.
9. Vide order dated 15.10.2012, 50% of the award amount was directed
to be released in favour of the respondents / claimants. Therefore, balance
compensation amount be released in favour of the respondents / claimants in
terms of award dated 07.01.2012.
10. Statutory amount be also released in favour of the appellant /
Insurance Company.
SURESH KAIT, J
OCTOBER 03, 2013
Jg/RS
