VED PRAKASH Vs. DARSHAN SINGH

JUDGEMENT

(1.) THE Appellant who is father of deceased Sanjay Kumar impugns a judgment dated 05.12.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) by which an application under Section 163-A of the Motor Vehicles Act preferred by the Appellant for award of compensation was dismissed.

(2.) IT is alleged that on 15.07.2005, the deceased was driving the tempo bearing registration No.DL-1LD 7050. At about 3:00 AM, when he reached near Hari Petrol Pump, Police Station Vrindawan, Distt, Mathura the tempo collided with an unknown stationary truck. Sanjay Kumar died at the spot. The Appellants who are the deceased?s parents sought a compensation of `5 lakh. The deceased?s son Nitin Kumar was impleaded as Respondent No.3. The Tribunal relied upon HDFC Chubb General Insurance Company v. Smt Shanti Devi Rajbal Singh Thakur & Anr, and held that since the Appellant was not a third party, he was not entitled to any compensation from the owner and the insurer of his own vehicle when he himself was at fault.

(3.) THE Respondents/Claimants must have prosecuted a Claim Petition under Section 4 of the Workmen?s Compensation Act, 1923 (the Act of 1923) for death of a workman before the Commissioner, Workman?s Compensation.