LAWS(DLH)-2011-5-153

PRAMILA SACHDEVA Vs. KULDIP SINGH

Decided On May 06, 2011
PRAMILA SACHDEVA Appellant
V/S
KULDIP SINGH Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 12th August, 1999 passed by the Motor Accident Claims Tribunal awarding a sum of Rs. 5,12,000 along with interest thereon.

(2.) The claim petition which resulted in the institution of the present appeal related to the death of one Chetan Sachdeva (hereinafter referred to as "the deceased", who was driving a two-wheeler scooter with one Sushil Kumar Puri, sitting on the pillion seat. When the said scooter was on the National Highway near Mayur Vihar Phase-2, it was hit by the offending truck, which was being driven in a rash and negligent manner by the respondent No. 1. The said truck, which was owned by respondent No. 2 and insured with the respondent No. 3 had come from behind and hit the scooter. Both the driver and the pillion rider succumbed to the injuries sustained by them. The claim petition was filed by the father and the mother of the deceased. The father of the deceased having died on 22.5.1993, his name was deleted from the array of parties. The present appeal has been filed by the mother of the deceased on the ground that the Claims Tribunal has awarded a very meagre amount by way of compensation for the untimely demise of her son.

(3.) Mr. Navneet Goyal, the learned Counsel for the appellant assailed the award primarily on three counts: