KIRAN BHARDWAJ Vs. RELIANCE GEN INSURANCE CO LTD

JUDGEMENT

(1.) By way of this appeal, the Appellants seek to assail the judgment and award dated 04.12.2009 passed by the learned Motor Accident Claims Tribunal on the ground that the Claims Tribunal has not awarded compensation to them in consonance with law.

(2.) The facts relevant for deciding the present appeal are that on 16.12.2007, one Shri Vikas/ Bhardwaj (hereinafter referred to as "the deceased") was going from Clock Tower to Shakti Nagar on G.T. Road, on his two wheeler scooter bearing No. DL-6SJ-1265, when suddenly a tempo bearing No. UP-14U-9107, while over-taking the deceased, hit his two wheeler scooter. Due to forceful impact, the deceased sustained grievous injuries. He was removed to Hindu Rao Hospital and thereafter to Sir Ganga Ram Hospital, where he was declared brought dead. A case bearing FIR No. 387/2007 (wrongly noted as 397/2007 in the award of the Tribunal) was registered under Sections 279/338/304A IPC at Police Station Roop Nagai against the Respondent No. 2, the driver of the alleged offending tempo.

(3.) On a claim petition filed under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 for grant of compensation by the Appellants, who are the parents of the deceased, the Claims Tribunal on the evidence on record held the Appellants entitled to receive compensation in the sum of 5,20,000/- with interest at the rate of 7.5% per annum from the date of the filing of the petition i.e. 07.02.2008 till its realization, inclusive of the interim award received by the Appellants.