LAWS(DLH)-2011-5-25

MUKESH KUMAR Vs. KAMLESH DEVI

Decided On May 11, 2011
MUKESH KUMAR Appellant
V/S
KAMLESH DEVI Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 27th May, 2009 passed by the Motor Accidents Claims Tribunal, Delhi.

(2.) The brief facts leading to the filing of the appeal are as follows.

(3.) The Respondents No. 1 to 4 filed a petition under Sections 166 and 140 of the Motor Vehicles Act against the Appellant and the Respondents No. 5 to 7 for grant of compensation of ' 20 lakhs jointly and severally together with interest thereon. The said claim petition was filed as a result of a road accident which took place on 12.02.2005 at 2.30 p.m. when Shri Bishambar, the husband of the Respondent No. 1 and the father of the Respondents No. 2 to 4, was crossing the main road at Lal Bahadur Shastri Marg and was hit by a scooter bearing No. DL-7S-K-9664, being driven by the Respondent No. 5, who was coming from the side of Sudharshan Chowk rashly and negligently at a very high speed. A case bearing FIR No. 54/05 was registered under Sections 279/304-A IPC against the Respondent No. 5, who was then arrested and charge-sheeted for the aforesaid offences as well as for the offence punishable under Section 3 of the Motor Vehicles Act, 1988 for not possessing a driving licence.