ORIENTAL INSURANCE CO LTD Vs. MADHU

JUDGEMENT

(1.) THE present appeal is directed against the award dated 18th December, 2004 passed by the Motor Accident Claims Tribunal in Claim Petition No. 69/2004 whereby the Tribunal awarded a sum of ' 4,80,000/- along with interest @ 5% per annum from the date of the filing of the petition till realization, with a direction to the appellant to pay the entire award amount within one month. THE appellant was, however, held entitled to recover the award amount from the respondents no.4 and 5 herein (the respondents no.1 and 2 in the Claim Petition).

(2.) THE facts giving rise to the claim before the Motor Accident Claims Tribunal were that on 25th January, 2003 at about 10.00 p.m., one Rishi Pal was going on his motorcycle bearing No. HR-51-1742 with his daughter Aarti. When he reached near Sector 11, Rohini, Delhi, a scooter bearing No. DL-8S-2478 driven by the respondent no.4 herein in a rash and negligent manner came from the opposite side and hit the motorcycle. THE result of the head-on collision was that Rishi Pal (hereinafter referred to as ,,the deceased) suffered fatal injuries. THE claimants, being his widow and two minor daughters allege that the accident had taken place due to the negligent driving of the two-wheeler scooter by the respondent no.4 Manish Kumar.

(3.) ON the quantum of compensation, the learned Motor Accident Claims Tribunal, after perusal of the evidence on record, came to the conclusion that the respondents no.1, 2 and 3 (who were the claimants ' 9,30,000/- in the claim petition) were entitled to the sum of towards loss of dependency and a further sum of ' 25,000/- towards loss of love and affection and loss of consortium. With regard to the apportionment of the liability to pay the aforesaid amount, the Tribunal observed: -