MAMTA Vs. SATPAL

JUDGEMENT

(1.) THESE two Appeals (MAC APP.353/2010 and MAC APP.607/2010) arise out of a judgment dated 25.02.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in MACT Case No.399/2007 whereby while awarding a compensation of RS.94,500/- including an interim compensation of RS.50,000/-, the Second Respondent MCD was directed to pay the monthly compensation @ RS.1750/- till the death of the Appellant or her re-marriage, whichever is earlier.

(2.) BOTH the parties are aggrieved by the judgment. Appellant Mamta's (hereinafter referred to as the Claimant) plea is that the compensation should have been granted on lumpsum basis with addition towards future prospects whereas MCD's (the Second Respondent) plea is that the Claimant failed to establish negligence on the part of the driver Satpal (the First Respondent) of the offending vehicle i.e. truck No.DL-IG-7472. Thus, the Second Respondent was not liable to pay any compensation at all. It is stated that in any case, the deceased was not wearing a helmet at the time of the accident, thus, he should be held to have contributed to the accident.

(3.) IN the Claim Petition, the Claimants averred that on 13.04.2007 at about 9:30 A.M. the deceased was riding on the pillion seat of motor cycle No.DL-8S-AF-9239 and the offending truck No.DL-1G-7472 driven by its driver Satpal (under the employment of MCD) in a very rash and negligent manner and in violation of the traffic rules, hit the deceased's motorcycle. These averments were denied by the driver Satpal. The MCD failed to file the written statement and its defence was struck off.