Full Text
Date of Decision: 07th July, 2017
HDFC ERGO GENERAL INSURANCE CO LTD .... Appellant
Through: Mr. A.K. Soni, Advocate
Through: Mr. P.S. Goindi and Ms. Seema Singh, Advocates for R-1 to 3
JUDGMENT
1. The only ground taken by the appellant / insurance company to bring a challenge to the award of compensation by judgment dated 02.08.2016 of the Motor Accident Claims Tribunal on the accident claim case instituted by the first to third respondents (claimants) on account of death of Gokul Singh in motor vehicular accident that occurred on 26.12.2010 involving three vehicles including Maruti Wagon R Car bearing Registration no.DL-3CZ-8968, concededly insured against third party risk with the appellant company, is that no formal proof of negligence was adduced, the police investigation indicating that the offending truck driver (other vehicle) could not be traced.
2. The Tribunal’s judgment (in para 19) notes as under:-
3. The learned counsel for the appellant fairly conceded that the Tribunal in reaching the observations noted above has correctly read the evidence and pleadings. Since there was an admission by the fourth respondent (driver of the car) as to the sequence of events leading to the accident, the facts and circumstances borne out therefrom revealing negligence on his part, there was no need for any further formal evidence to be adduced.
4. The view taken by the Tribunal thus cannot be faulted. The appeal is dismissed.
5. The amount of compensation deposited with the Tribunal shall now be released.
6. The Statutory amount, if deposited, shall be refunded. R.K.GAUBA, J JULY 07, 2017 yg