Mr. Avneesh Jhingan, J (Oral) - The insurer of Jeep bearing registration No.PB-03C-0603 [hereinafter referred to as ‘offending vehicle’], being aggrieved of the award dated 02.01.2015 passed by the Motor Accident Claims Tribunal, Hisar [for brevity ‘the Tribunal’] is in appeal. The grievance raised is that the agent of the Insurance Company received premium from the insured, but the same was not deposited with the Company.

2. The brief facts necessary for adjudication of the present appeal are that a motor vehicular accident took place on 07.03.2013. The vehicles involved in the accident were motor cycle bearing registration No. HR-20J-5175 and the offending vehicle. As a result of the accident, Sushil Kumar sustained injuries. He was taken to General Hospital, Adampur, from where he was shifted to Sapra Hospital, Hisar.

3. A claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 [for brevity ‘the Act’]. The Tribunal after considering the facts and appreciating the evidence adduced held that the accident was caused due to the rash and negligent driving of the offending vehicle. The driver, owner and Insurance Company were held jointly and severally liab