NEW INDIA ASSURANCE CO. LIMITED Vs. INDERJIT SINGH

JUDGEMENT

(1.) The challenge in the present appeal, filed under Sec. 173 of the Motor Vehicles Act, 1988, is to the award of the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the "Tribunal"). The claimants-respondent nos.1 and 2, father and minor son of the deceased Jaswinder Singh, have been held entitled to a sum of Rs.17,72,160.00, along with interest @ 7.5% per annum from the date of the filing the claim petition till its realization. The compensation, as such, has been bifurcated to the extent that 75% would go to the minor son, which is to be kept in the FDR till he attains majority, whereas the balance 25% would go to the father of the deceased.

(2.) The argument raised by the counsel for the Insurance Company is to the extent that the deceased was driving the motorcycle and struck the insured vehicle from the back, which was parked on the side of the road and, therefore, the issue of contributory negligence has been ignored by the Tribunal. It is further submitted that at the initial stage, no criminal proceedings, as such, had been initiated against the driver of the car, i.e. respondent no.3 and, therefore, the factum of rash and negligent driving has not been proved and, thus, the compensation has wrongly been awarded.

(3.) The said argument is liable to be rejected on closure scrutiny of the award of the Tribunal, which is well reasoned.