JUDGEMENT
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(1.) The insurance company, namely, Bajaj Allianz General
Insurance Company, has challenged the award passed by the Tribunal in
favour of the claimants.
(2.) Claimant-respondent No.1 Kunti Devi, who is mother of
deceased Pardeep, has contended in the claim petition that on 19.1.2007
when his son Pardeep was proceeding on a bicycle along with one Jitender
Yadav near police Naka G.T.Road, Panipat, a motor-cycle bearing
registration No. HR-06G-9466 came from the opposite direction driven by
its driver in a rash and negligent manner and dashed against the bicycle and
as a result of the impact, both of them fell down and sustained injuries.
Both the injured were sent to the hospital for treatment. Pardeep succumbed
to the injuries during the course of medical treatment.
(3.) 3
rd
respondent-insurance company has resisted the claim
petition on the ground that it was only the motor-cycle bearing registration
No. HR-06A-1608 that was involved in the accident and not the vehicle
bearing registration No. HR-06G-9466. It is contended that as the vehicle
bearing registration No. HR-06A-1608 owned by Ramesh Chand was not
insured, there was a swapping of the said vehicle with vehicle bearing
registration No. HR-06G-9466 owned by Radhey Sham. The change of
vehicle took place with the collusion and connivance of the police in order
to extract compensation from the insurance company.;
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