United India Insurance Co. Ltd. vs Kailash & Ors. on 22 January, 2016

1. This appeal under Section 173 of the Motor Vehicles Act, 1988
(“the MV Act”) has been preferred by insurer assailing the award of
compensation granted by the Motor Accident Claims Tribunal (“the
Tribunal”) by judgment dated 10th January, 2013 in favour of the first
and second respondents on the basis of their claim petition under
Section 166 read with Section 140 of MV Act, registered as case No.
486/2012 (arising out of detailed accident report) on account of death of
their son named Vishal (born on 8.3.1997), then aged about 15 years, in
a motor vehicular accident that occurred at about 3.30 p.m. on 19.2.2012
near Metro Pillar 413, Lokesh Cinema, Nangloi, Delhi involving bus
bearing registration No. DL 1PC 8300 (“the bus”) of fourth respondent,

MACA No.217/2013 Page 1 of 5
Delhi Transport Corporation (DTC), driven by its employee, the third
respondent (Anil Kumar) statedly in rash or negligent manner. By the
impugned judgment, the Tribunal awarded compensation in the sum of ₹
10,17,000/- with interest @ 7.5 % per annum, apportioning it in equal
shares in favour of the first two respondents (the claimants) giving
suitable directions for protection of their interest by directing 50% of the
awarded amount to be put in fixed deposit accounts. Since the bus (the
offending vehicle) was insured with the first appellant, it was held
jointly and severally liable to pay the awarded amount and directed to
discharge the liability by deposit within a period of 30 days and in case
of default to suffer penal interest @ 12% per annum.

Source: Indian Kanoon

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