JYOTI AGGARWAL Vs. HARE RAM SAHU

JUDGEMENT

(1.) By way of this appeal, the Appellants seek to impugn the award dated 06.11.2004 whereby the Appellants were awarded a sum of 5,70,000/- with simple interest at the rate of 6% per annum from the date of the filing of the petition, i.e., 29.10.2002 till its realization on the ground that the Appellants are entitled to the enhanced award amount of 25 lakhs with costs and interest.

(2.) The facts relevant for the disposal of the appeal are that on 27.09.2002 a road accident took place at Flyover after the crossing of Maya Puri Chowk Red Light, in which the motorcycle of Tanmay Aggarwal, the son of the Appellants, was hit by a tempo being driven rashly and negligently by its driver. In the said accident, Tanmay Aggarwal (hereinafter referred to as "the deceased") sustained grievous injuries to which he succumbed. He was a young boy aged 20 years and was studying in B.E. (Polymer Science and Chemical Technology) second year. Apart from studying engineering, the deceased was giving tuitions. It is claimed that in all he was earning a sum of 55,000/- per annum and was an income-tax payee. A claim petition claiming compensation in the sum of 25 lakhs was filed by the Appellants against the Respondent No. 1/Hare Ram Sahu - the driver, the Respondent No. 2/Hanuman Marble Sales Corporation - the owner and the Respondent No. 3/Oriental Insurance Co. Ltd. - the insurer of the offending vehicle, claiming that they were jointly and severally liable to pay the compensation for the untimely demise of their son.

(3.) The Respondents No. 1 and 2 filed a joint written statement admitting the factum of accident, but denying that the accident took place on account of the rash and negligent driving of their vehicle, and hence their liability to pay compensation to the Appellants. The Respondent No. 3 - Insurance Company in the written statement filed by it admitted the factum of insurance, but denied its liability to pay compensation on the ground that the drivers of both the vehicles were not holding valid and effective driving licences.