CHANDAN PRAKASH Vs. VIDYA DEVI

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 25.05.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.13,97,340/- was awarded for the death of Ramesh who died in a motor vehicle accident which occurred on 9.01.2000.

(2.) A Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) was preferred by the legal representatives of deceased Ramesh alleging that on the fateful day, that is, on 09.01.2000 at about 6:42 P.M. Ramesh was riding a bicycle and was hit by a Swaraj Mazda, a Light Passenger Vehicle No.DL-1V-1496 which was driven by the First Appellant (Chandan Prakash) in a rash and negligent manner. It was alleged that the deceased was working in MTNL and was getting a salary of Rs.8765/- per month.

(3.) IT is contended that the reply to the notice under Section 133 could not have been taken into account to fasten the liability on the Appellants as the same was obtained by IO of the criminal case under duress. It is argued that otherwise also, reply to the notice under Section 133 was only a statement under Section 161 Cr.P.C. and was not sufficient to hold the First Appellant liable for the accident. Reliance is placed on a judgment passed by the learned Single Judge of this Court in Ram Kishan v. The State, ILR (1989) II Del 409.