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Judgment
15 paragraphs · 235 wordsR.K.Gauba, J
By judgment dated 29.03.2012, the Motor Accident Claims Tribunal decided the claim case (MAC Petition No. 1231/10) of the first to third
respondents (collectively, the claimants) awarding compensation in their favour on account of death of Ganesh Singh in a motor vehicular accident that
occurred on 12.08.2010 statedly due to negligent driving of truck bearing registration No. UP-15C-3553 which was admittedly insured against third
party risk with the appellant (the insurer) for the relevant period. The appeal of the insurer is pressed only on the ground that negligence was not
properly proved by eye-witness account.
Having heard the learned counsel and having gone through the record, this Court is of the opinion that the Tribunal’s judgment on the issue does
not call for any interference. The Tribunal has gone by the principle of the res ipsa loquitor, taking into account the circumstances surrounding the
sequence of events leading to the fatal accident.
The appeal is accordingly dismissed.
By order dated 06.07.2012, the appellant had been directed to deposit the entire awarded amount and by subsequent order dated 26.04.2013, 50%
of the awarded amount was released in favour of the claimants. The Registry shall now take steps to release the balance lying in deposit with accrued
interest in terms of the judgment of the Tribunal.
The statutory amount shall be refunded.
The pending application also stands disposed of.