SUBODH KUMAR Vs. MOHD ARIF

JUDGEMENT

(1.) The present appeal has been preferred by the appellants against the judgment and award of the Motor Accident Claims Tribunal dated 15.04.2010 seeking enhancement of the awarded amount.

(2.) The facts relevant for the decision of the present appeal are that on 03.03.2009, Shri Saurabh Jain (hereinafter referred to as the deceased ) along with his friend Gaurav Jain was going to attend his C.A. class at Shah Auditorium on motorcycle bearing No.HR13 B- 3423, which was registered in the name of Gaurav Jain and was being driven by the latter with the deceased as the pillion rider. At about 7.00 a.m., when they reached near Tis Hazari at the crossing towards Rajpura Road, all of a sudden the offending tempo Tata-407 bearing No.DL-1L-B-0254 came from behind and hit the rear side of the motorcycle with great force. The deceased sustained fatal injuries and though removed to the Trauma Centre was declared brought dead. A case bearing FIR No.60/09 was registered at Police Station Kashmere Gate under Sections 279/337/304A IPC against the respondent No.1, the driver of the said offending tempo.

(3.) A claim petition was filed by the appellants, who are the parents of the deceased, under Sections 166 and 140 of the Motor Vehicles Act, 1988 claiming compensation for the untimely demise of their son. In the said claim petition, the factum of accident was not disputed by the respondent No.1, who was the driver of the offending vehicle, and the respondent No.2, the owner thereof, though it was denied that the accident was caused due to the rash and negligent driving of the respondent No.1. The respondent No.3, M/s. Oriental Insurance Company Ltd. admitted that the offending tempo Tata-407 was insured with it in the name of the respondent No.2 and that the accident had occurred during the period of validity of the insurance policy issued by it.