RAJANI SHARMA Vs. BODHU

JUDGEMENT

(1.) THESE two Appeals MAC APP.877/2010 and MAC APP.49/2011 arise out of a judgment dated 18.09.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.67,21,000.00 was awarded for the injuries suffered by Munish Kumar Sharma in a motor vehicle accident which occurred on 10.01.2004. Said Munish Kumar Sharma succumbed to the injuries a little less than five years after the same.

(2.) THE deceased Munish Kumar Sharma was a building contractor and was running a Proprietorship firm in the name and style of M/s. Bhanu Associates. He was mainly working for Indian Railways and Indian Oil Corporation and was being assessed to income tax. On the fateful day, that is on 10.01.2004 he was proceeding on his motor cycle No.DL-2CS- 1396. When he was on the intersection of Sectors 22 and 23, Dwarka, a truck bearing No.HR-55A-7823 which was driven by Respondent No.1 Bodhu in a rash and negligent manner, came from the left side and struck against the car. Ram Nath Sharma and Manoj Upadhaya who were travelling in that very car suffered injuries. Ram Nath Sharma was declared brought dead in the DDU hospital. Deceased Munish Kumar Sharma suffered head injuries. He was also removed to DDU hospital and was later on shifted to Apollo Hospital. On account of the injuries suffered Manish Kumar Sharma became paraplegic and was unable to move of his own. He was unable to move, to eat or drink anything from the date of the accident till he died on 04.10.2008.

(3.) TABULATED hereunder:-