MAC.APP. No.74/2007 Page 1 of 4 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.74/2007 % Date of decision: 12th August, 2009 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. S.L. Gupta, Adv. versus PREM PAL SINGH & ORS. ..... Respondents Through: Mr. P.K. Arya and Mr. M.K. Singh, Advs. for Respondent no. 1 Mr. Bhavani Shankar, Adv. for respondent no. 2 and 3with respondent no. 2 in person. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) 1. The appellant has challenged the award of the learned Tribunal whereby the compensation of Rs. 2,79,041/- has been awarded to claimant/respondent no. 1. 2. The claimant was travelling in TSR bearing No.DL-1W-0272 which met with an accident with Maruti car bearing No.DL-ICG- 0872. 3. The claimant filed the claim petition against the driver and owner of TSR and the owner and insurance company of the Maruti Car. MAC.APP. No.74/2007 Page 2 of 4 4. The learned Tribunal held the driver of Maruti Car to be rash and negligent. The Maruti car was validly insured with the appellant and the entire liability to pay the award amount was put on the appellant. 5. Learned counsel for the appellant submits that the driver of the TSR was negligent. In the alternative, it is submitted that it is the case of contributory negligence of the driver of TSR and the driver of Maruti car and, therefore, the liability of the appellant should be 50% of the award amount. 6. Learned counsel for the appellant refers to the statement of claimant/respondent no. 1 in the claim petition where it is stated that the driver of the TSR as well as driver of the Maruti car were both rash and negligent. 7. Claimant/respondent no. 1 appeared in the witness box as PW-1 and deposed that the accident occurred due to the rash and negligent driving of the Maruti car. PW-1 deposed that the Maruti car took over the TSR and took a sudden left turn towards NSIT main gate and hit the TSR. 8. The driver of TSR also appeared in the witness box as RW-1 and deposed that the Maruti car came from behind and over took the TSR and took a sharp left turn towards NSIT main gate and hit the TSR. 9. The certified copy of statement of claimant/respondent No.1 before the Criminal Court was also placed on record in which the claimant deposed that the accident occurred due to negligent driving of the Maruti car who had taken a sharp turn. The MAC.APP. No.74/2007 Page 3 of 4 claimant also made a complaint to DCP (West) and SHO, P.S., Uttam Nagar - Ex.PW1/5 for prosecution of the Maruti car driver. 10. The site plan prepared by the police at the time of the accident was also placed on record which shows that at the time of the accident, the car was in front of the TSR. 11. The mechanical inspection report of Maruti car shows damage on the left rear corner whereas mechanical inspection of the TSR shows damage on the right rear portion. 12. The driver of the Maruti car did not appear in the witness box. 13. The learned Tribunal held the driver of the Maruti car to be rash and negligent on the basis of the statement of PW-1 (claimant/respondent No.1), statement of RW-1 (driver of TSR), site plan and mechanical inspection reports of the TSR and Maruti car. There is no infirmity in the findings of the learned Tribunal as to the rash and negligent driving by the driver of the Maruti car. The findings of the learned Tribunal are, therefore, upheld. 14. The appeal is dismissed. No order as to costs. 15. The appellant has deposited 50% of the award amount with the MACT which has been released to claimant/respondent No.1. The appellant is directed to deposit the remaining 50% of the award amount along with up to date interest with the learned Tribunal within a period of 30 days. 16. Upon the aforesaid deposit being made, the appellant shall file the affidavit along with proof of deposit of the balance amount with the Registry whereupon the Registry shall release MAC.APP. No.74/2007 Page 4 of 4 the statutory amount of Rs.25,000/- to the appellant without any further order from this Court. J.R. MIDHA, J AUGUST 12, 2009 neelam