MAC APP 651/2013, 662/2013, 73/2015 & 74/2015

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

MAC.APP. 651/2013

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD

..... Appellant

Through

Ms. Neerja Sachdeva, Advocate

versus

LAL SINGH & ORS

..... Respondents

Through

Mr. S.N. Parashar, Advocate for

Respondent (owner)

+

MAC.APP. 662/2013

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD

..... Appellant

Through

Ms. Neerja Sachdeva, Advocate

versus

SMT SUMITRA DEVI AND ORS

..... Respondents

Through

Mr. S.N. Parashar, Advocate

+

MAC.APP. 73/2015

NEERAJ

..... Appellant

Through

None

versus

SUMITRA DEVI & ORS

..... Respondents

Through

Mr. S.N. Parashar, Advocate

MAC APP 651/2013, 662/2013, 73/2015 & 74/2015

Page 2 of 10

+

MAC.APP. 74/2015

NEERAJ

..... Appellant

Through

None

versus

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD

..... Respondent

Through

Ms. Neerja Sachdeva, Advocate

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

J U D G M E N T

1.

These four appeals arise out of common judgment dated

16.05.2013 passed by the Motor Accident Claims Tribunal (the

Claims Tribunal) whereby the claim petition preferred by the

three legal representatives of deceased Virender Yadav and the

claim petition filed by injured Lal Singh were disposed of.

Compensation of Rs.59,400/- was awarded in favour of Lal

Singh, injured (Respondent no.1 in MAC.APP.651/2013) and

compensation of Rs.7,53,500/- was awarded in favour of

Respondents no.1 to 3 in MAC.APP.662/2013. Two appeals

MAC APP 651/2013, 662/2013, 73/2015 & 74/2015

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(MAC App.651/2013 and MAC APP.662/2013) have been filed

by the Insurance Company while the other two appeals

(MAC.APP.73/2015 and MAC. APP.74/2015) have been filed

by Smt. Neeraj against granting of recovery rights to the

Insurance Company.

2.

Before adverting to each of the appeal, it will be appropriate to

mention a few facts. A Detailed Accident Report(DAR) was

filed by SHO, P.S. Saket in respect of the motor vehicular

accident which took place on 25.03.2011 at 2:50 p.m. at Press

Enclave Road resulting in registration of FIR no.117/2011. As

per the information given in the DAR, on 25.03.2011, Dinesh,

deceased Virender Yadav and Lal Singh were carrying marble

slabs from Satbari to New Friends Colony on a tempo bearing

no.DL-1L-K-9789. Respondent Neetu Singh was driving the

tempo and Dinesh was sitting beside him. Neetu Singh was

driving the tempo at a very fast speed. A cyclist Ranjit was

going ahead on the road. On seeing the cyclist and in order to

avoid collision with the cyclist, Neetu Singh suddenly applied

break. As a result, the persons sitting on the tempo(along with

MAC APP 651/2013, 662/2013, 73/2015 & 74/2015

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the marble slabs) got sandwiched in between the marble slabs.

The injured were removed to the hospital, where Virender

Yadav was reported brought dead. In respect of injured Ranjeet

and Lal Singh, compensation of Rs.18,100/- and Rs.59,400/-

respectively for having suffered injuries was granted whereas

compensation of Rs.7,53,500/- was awarded in favour of legal

representatives of deceased Virender Yadav.

3.

For the sake of convenience, appellant Bajaj Allianz General

Insurance

Company

Ltd.

in

MAC.APP.651/2013

and

MAC.APP.662/2013 shall be referred to as the Insurance

Company

and

the

Appellant

in

Cross-Appeals

being

MAC.APP.73/2015 and MAC.APP.74/2015 shall be referred to

as the owner of the offending vehicle involved in the accident.

4.

The contention raised on behalf of the Insurance Company is

that the vehicle involved in the accident is a goods vehicle

covered by insurance policy (Ex.R3W1/A). As per the

provision of Section 147(1) of the Motor Vehicles Act, 1988,

risk towards the owner of the goods or the authorised

representative of the owner of the goods travelling in a goods

MAC APP 651/2013, 662/2013, 73/2015 & 74/2015

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vehicle is cov