Back
2019 Supreme(Del) 654
IN THE HIGH COURT OF DELHI AT NEW DELHI
I.S. Mehta, J.
Oriental Insurance Co Ltd - Appellant
Vs.
Sunita - Respondent
Motor Accident Claims Appeal No. 943 of 2018, 117 of 2019
Decided On : 23-04-2019
S.P. Jain, Adv., Himanshu Gambhir, Adv., Abhijit Chakravarty, Adv., Amandeep Kaur, Adv., Munish Kumar Sharma, Adv., Neeraj Kumar Jha, Adv.
The court emphasized the liability of the insurance company and the jurisdiction of the tribunal under the Motor Vehicles Act.
Headnote:
Negligence - Motor Vehicle Accident - Motor Vehicles Act, Section 166 - Sections 279 and 304A IPC
Fact of the Case:
The deceased met with a fatal accident due to the rash and negligent driving of another vehicle. The claimants filed for compensation, and the insurance company disputed liability.
Finding of the Court:
The court found that the accident was caused by the negligence of the offending vehicle's driver. The court also held that the insurance company was liable to pay compensation and dismissed the appeal filed by the insurance company.
Issues: Dispute over negligence, liability of the insurance company, and jurisdiction of the tribunal.
Ratio Decidendi: The court relied on witness testimonies and evidence to establish negligence. It also emphasized the liability of the insurance company and the jurisdiction of the tribunal under the Motor Vehicles Act.
Final Decision: The appeal of the owner and driver was allowed, and the insurance company was directed to compensate the claimants without the right to recover from the owner and driver. The appeal filed by the insurance company was dismissed, and the impugned award was modified accordingly.
I.S. Mehta, J.
Aforesaid two appeals are arising out of award dated 25.08.2018 in MAC No. 117/2016 passed by Sh. Devender Kumar, Presiding Officer-MACT, Shahdara District, KKD, Delhi (hereinafter called as "The Tribunal") whereby compensation of Rs.30,94,000/- alongwith interest at rate of 9% p.a. on total compensation amount from date of filing of petition till its realization has been awarded to the Claimants.
2. Brief facts stated are that on 15.09.2014 at about 1:00 AM, deceased Jitender Kumar, aged 33 years was driving truck No. UP-14- DT-6979 and reached in front of Dhara Medical College, Kherar, Mainpuri, U.P. where suddenly a truck bearing No. UP-78B- 9298 (hereinafter referred to as offending vehicle) driven by Rajendra Kumar (driver of the offending vehicle) in rash and negligent manner which resulted into the present accident, deceased received crush injuries and later died in the hospital. FIR, FIR No. 113/2014 was got registered under Sections 279 and 304A IPC at P.S. Dannahar, Mainpuri, U.P. against driver of offending vehicle. Postmortem of the deceased was got conducted. Driver of the offending vehicle was got arrested and charge-sheeted.
3. Thereafter Claimants filed MAC No. 117/2016 (old MAC petition No. 291/14) on 25.11.2014 demanding a compensation of Rs. 25 Lakhs for the negligent act of driver Rajendra Kumar.
4. The insurance company (Oriental Insurance Co. Ltd.) has filed its written statement and stated offending vehicle was insured with it vide policy No. 222290/21/2014/1969 on date of the incident. Insurance company has denied territorial jurisdiction to entertain claim petition. Insurance company disputed owner having valid permit to ply the offending vehicle on road and insurance company is not liable to pay compensation.
5. Driver and Owner of the offending vehicle filed joint written statement and submitted accident was not caused due to fault of the offending vehicle but rather due to fault of the deceased. Moreover, offending vehicle is insured with appellant insurance company.
6. No replication was preferred by the claimants. Issues were framed on 18.05.2016.
7. The claimant/Respondent No.1 Sunita (wife of the deceased) in support of her claim petition has filed her affidavit Ex.PW1/A for the purpose of Examination-in-Chief and has specifically stated that her husband, Jitender Kumar aged 33 years was driving his truck No. UP-14-DT-6979. On 15.09.2014 she got information through telephonic call that her husband met with an accident with offending vehicle in front of Dhara Medical College near Kherar Pulia on Agra road, Mainpuri, U.P. at about 1 AM. The incident was reported to the police. The police lodged an FIR, FIR No. 113/14 under Section 279 and 304A IPC.
She further stated deceased has left behind claimants i.e. herself Sunita (wife of the deceased) aged 30 years, Ms. Ritika (daughter of the deceased) aged 5 years, Master Varun and Vineet (sons of the deceased) aged 3 years and 8 months respectively and Smt. Parkashi (widowed mother of the deceased) aged 60 years.
The aforesaid claimants were dependant on the deceased. Deceased was healthy and was employed with PW3 Virender Singh and was getting a salary of more than Rs. 15,000/- per month. Driving License of deceased is Ex.PW1/2, Salary certificate is Ex.PW1/3, Aadhar card of her and her mother-in-law is Ex.PW1/4 and Ex.PW1/5 respectively. The attested copy of family register is Ex.PW1/6 and rent agreement is Ex.PW1/7.
The Claimant has also examined eye-witness PW2 Pappu. He filed his affidavit Ex.PW2/A as Examination-in-Chief. PW2 in his affidavit has stated that he is witness to the incident. He stated on intervening night of 14.09.2014 at about 1 AM he was going to Mainpuri by his car/taxi, when he reached Dhara Medical College, offending vehicle came from back in a very high speed and overtook his car as well as deceased's truck and suddenly turned left and applied heavy brake wrongfully and negligently which resulted into consequent
