KRISHAN PAL MOURYA Vs. RAVINDER KUMAR

JUDGEMENT

(1.) This appeal has been filed challenging the Award dtd. 27/3/2018 (hereinafter referred to as the 'Impugned Award') passed by the learned Motor Accident Claims Tribunal, (Pilot Court), Karkardooma Courts, Delhi (hereinafter referred to as the 'Tribunal') in MACT No. 15441/15, titled Krishan Pal Mourya & Ors. v. Ravinder Kumar & Ors.

(2.) It was the case of the claimants before the learned Tribunal that their father, Sh.Balak Ram (hereinafter referred to as the 'Deceased') along with one Nafees was going towards IT Park from Jamuna Khadar on foot. As they reached IT Park Red Light ISBT to Shastri Park Chowk, GT Road, Delhi, a mini bus bearing registration no.DL-1VA-0384 (hereinafter referred to as the 'Offending Vehicle'), which was being driven by respondent no.1 at a very high speed and in a rash and negligent manner, came from Kashmiri Gate side and hit the deceased. Resultantly, the deceased fell down on the road and sustained fatal injuries. Though he was rushed to Dr. Jag Parvesh Chand Hospital, Shastri Park by the CAT Ambulance, he was declared as brought dead.

(3.) The learned Tribunal, on appreciation of evidence led before it, came to a conclusion that the accident had taken place due to the Offending Vehicle being driven in a rash and negligent manner. However, on the quantum of compensation to be awarded to the appellants, the learned Tribunal held that as all the claimants were major, they could not be considered as dependent on the deceased and, therefore, awarded only a sum of Rs.50,000.00as compensation, relying upon the judgment of the Supreme Court in Manjuri Bera v. Oriental Insurance Co. Ltd., (2007) 10 SCC 643.