NATIONAL INSURANCE CO. LTD Vs. PANKAJ MALHOTRA
LAWS(DLH)-2022-11-248
HIGH COURT OF DELHI
Decided on November 18,2022

NATIONAL INSURANCE CO. LTD Appellant
VERSUS
Pankaj Malhotra Respondents




JUDGEMENT

GAURANG KANTH,J. - (1.)The present appeal has been preferred by the Appellant under Sec. 173 of the Motor Vehicles Act, 1988 wherein the Appellant has challenged the award dtd. 15/2/2013 passed by the learned Additional District and Sessions Judge cum Presiding Officer, Motor Accident Claims Tribunal, Rohini Courts, Delhi in MAC Petition no. 692/10 titled as Pankaj Malhotra v. Mohd. Nazim and Ors. ('impugned award').
(2.)The learned Claims Tribunal vide the impugned Award held that the Appellant herein was liable to pay compensation to Respondent No. 1 as the offending vehicle was duly insured with the Appellant and the driver of the vehicle was having a valid driving license. Furthermore, the Appellant did not have any other statutory defence to offer. The relief granted by the learned Claims Tribunal is as under:
JUDGEMENT_248_LAWS(DLH)11_2022_1.html

Factual Matrix

(3.)On the unfortunate day of the accident, i.e. 20/12/2008, Respondent No. 1 was driving motorcycle No. DL 4S BC 6419 and was proceeding towards his house from Qutub Garh, Delhi. Shri Puran Mandal was riding pillion along with him. While travelling on the main road near Kanjhawala, Respondent No. 1 was hit by the offending vehicle no. HR 55A 2615, which was allegedly being driven in a rash and negligent manner. The aforesaid vehicle collided with the motorcycle. As a result of the forceful impact of the collision, Respondent No. 1 sustained grievous injuries. It is pertinent to note that an FIR was registered in respect of this accident at Police Station Kanjhawala, Delhi vide FIR No. 692/10, under Sec. 279/338 of the Indian Penal Code.


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