MADAN LAL Vs. SANGEETA VERMA

JUDGEMENT

(1.) BY way of this appeal, the appellant seeks to assail the judgment and award of the Motor Accident Claims Tribunal dated 18.10.2008.

(2.) AT the outset, the facts relevant for the decision of the appeal may be briefly delineated. On 06.06.1996 at about 11:00 p.m., one Shri Anil Kumar Verma was going to his house from Munirka on his scooter bearing No. DL-4-SG-7033. When he reached near the Dhaula Kuan Petrol Pump via Ring Road, the offending car bearing registration No. DDQ-7388 came from Dhaula Kuan Crossing towards Gurgaon at a very fast speed and hit the scooter of the deceased from behind. Resultantly, the deceased sustained grievous injuries to which he succumbed. A claim petition was filed under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 for the grant of compensation by his widow, two minor children and parents, wherein an award of ` 18,00,000/- was prayed for. The Claims Tribunal, after considering the evidence adduced by the parties, held that the accident was the outcome of the rash and negligent driving of the offending vehicle being Maruti Car bearing No. DDQ-7388 and held the appellant, who was the owner of the offending vehicle, in the absence of the said offending vehicle being insured, liable to pay compensation to the legal heirs of the deceased in the sum of ` 5,72,383/- with interest thereon at the rate of 7.5% per annum from the date of the filing of the petition till the date of realization.

(3.) THE aforesaid contentions of the learned counsel for the appellant were sought to be rebutted by the counsel for the respondents by relying upon the findings arrived at by the learned Claims Tribunal.