JAWAHAR SINGH Vs. BALA JAIN

JUDGEMENT

(1.) Notice was issued in the Special Leave Petition (Civil) No. 8660 of 2009 on 2nd April, 2009, confined to the question regarding the Petitioners liability by way of contributory negligence in the accident which occurred on 18th July, 2004. Special Leave Petition (Civil) Nos. 864-865 of 2010 were also filed by the Petitioner against National Insurance Company Ltd., Jatin and the heirs of Mukesh Jain, deceased. A brief background of the facts will help us to understand and appreciate the case of the Petitioner better. For the sake of convenience, the facts have been taken from Special Leave Petition (Civil) No. 8660 of 2009.

(2.) On 18th July, 2004, at about 1.20 p.m. the deceased, Mukesh Jain, was riding his two-wheeler scooter No. DAI 1835, with his son, Shashank Jain, as pillion rider. According to the prosecution story, when they had reached the SDMs Office, Geeta Colony, Delhi, a motorcycle, bearing registration No. DL-7S-G-3282, being driven in a very rash and negligent manner, tried to overtake the scooter and in that process struck against the scooter with great force, as a result whereof the deceased and his son were thrown on to the road and the deceased succumbed to the fatal injuries sustained by him.

(3.) A claim was filed by the widow, two daughters and one son of the deceased before the Motor Accident Claims Tribunal, Karkardooma Courts, Delhi, on 17th August, 2004, being Suit No. 209 of 2004. Suit No. 210 of 2005, was separately filed on behalf of Master Shashank Jain, son of the deceased, making a separate claim to compensation on account of the death of his late father Mukesh Jain. Both the matters were taken up together by the learned Tribunal which disposed of the same by a common Award dated 12th September, 2007. By the said Award, the Tribunal awarded a sum of Rs. 8,35,067/- in favor of the claimants together with interest @7% from the date of institution of the petition, namely, 17th August, 2004, till the date of realization. Certain directions were also given in the Award for disbursement of the said amount. The claim of the Petitioner No. 3 was settled at Rs. 24,900/-. The insurer was held liable to satisfy the Award and to recover the amount from the owner of the motorcycle.