LAWS(DLH)-2011-10-37

DEVKI NANDAN MALHOTRA Vs. RAJENDRA SINGH

Decided On October 03, 2011
DEVKI NANDAN MALHOTRA Appellant
V/S
RAJENDRA SINGH Respondents

JUDGEMENT

(1.) By this common order, it is proposed to decide both the aforesaid appeals which have arisen from the same motor accident and the claims in respect of which have been decided by the Motor Accidents Claims Tribunal by its common judgment and award dated 07.09.2002.

(2.) Concisely, the facts of the case are that on the night of 13.01.1997, at around 9:50 p.m., one Harish Chander Malhotra and his wife Smt. Kanta Malhotra were going on a two-wheeler scooter bearing No.DL-58B-2579 from Jitar Nagar to Noida, when they met with a motor vehicular accident, caused by the rash and negligent driving of the truck bearing No.AP-094-6898, in which both Harish Chander Malhotra and his wife received fatal injuries and were declared dead when taken to the hospital. Separate Claim Petitions were filed by the legal representatives of both the deceased, one being Suit No.703/97 (New No.597/01), filed by the legal representatives of deceased Harish Chander Malhotra, namely, Devki Nandan Malhotra (father), Janak Rani Malhotra (mother), Kapil Kartik (son) and Ritu Moona (daughter). The other bearing Suit No.704/1997 (New No.598/01), was filed by the legal representatives of the deceased Smt. Kanta Malhotra (wife of the aforesaid Shri Harish Chander Malhotra), namely, her children Kapil Kartik Malhotra and Ritu Moona under Sections 166 and 163-A of the Motor Vehicles Act, 1988. In view of the fact that the claimants pressed for interim compensation under Section 140 of the Motor Vehicles Act and a sum of 50,000/- each was awarded in both the petitions, the learned Claims Tribunal treated both the petitions as instituted under Section 166 of the Act.

(3.) After conducting an inquiry and recording evidence, on the basis of the testimony of PW4 Rajender Kumar Malhotra, the brother of the deceased, the Claims Tribunal arrived at the finding that Harish Chander Malhotra and his wife Kanta Malhotra died in the accident which occurred solely due to the rash and negligent driving of the offending truck by the respondent No.1, and accordingly the respondent No.1-driver, the respondent No.2-owner and the respondent No.3-Insurance Company were held liable to pay compensation to the aforesaid legal representatives of both the deceased persons. The Tribunal then assessed the total compensation payable to the legal representatives of Harish Chander Malhotra to be in the sum of 13,56,000/-, and as regards the death of Smt. Kanta Malhotra, the compensation payable to her legal representatives was assessed to be in the sum of 8,05,380/-. Interest at the rate of 9% per annum from the date of the filing of the petition, i.e., 21.03.1997 till the realisation of the award amount was also awarded in both the claim petitions. Aggrieved by the quantum of compensation awarded by the learned Tribunal, the present appeals have been preferred by the legal representatives of both the deceased persons seeking enhancement of the same. It is proposed to deal with the appeals one by one. FAO 702/2002 and CM No.12941/2006 titled as "Devki Nandan Malhotra and Ors. vs. Rajendra Singh and Ors."