IMRAN KHAN Vs. TRIBHUBHAN MANDAL

JUDGEMENT

(1.) The present appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 against the impugned Award dtd. 19/5/2022 passed by the Ld. Presiding Officer, MACT (Central) Tis Hazari Courts, Delhi, in MACP No. 58368/2016 with the following prayers:-

(2.) In brief, the facts of the case are that, Mohd. Asif S/o Sh. Imran Khan, died as a result of motor vehicular accident which occurred on 4/8/2016 at around 08.30 AM at a location situated on Burari Flyover, Outer Ring Road, Delhi. At the aforesaid time and location, a Tata Recovery Van bearing registration no. DL-lLG-7174 (hereinafter referred to as "offending vehicle"), which was being driven by its driver in a rash and negligent manner, hit the motorcycle bearing registration number DL-7SBZ-4835 of the deceased which he was riding along with his acquaintance - Sh. Abzal S/o Sh. Yameen Khan and as a result of the collision, both riders fell on the ground. Pursuant to this accident, an FIR No. 379/2016, under Sec. 279/337 IPC was registered at PS Burari.

(3.) On the basis of the pleadings of the parties, the Ld. Tribunal framed the following issues: