SHRIRAM GENERAL INSURANCE CO LTD Vs. NAUSHAD NAZ

JUDGEMENT

(1.) These cross appeals have been filed challenging the Award dtd. 8/8/2018 passed by the learned Motor Accidents Claims Tribunal (Pilot Court), Karkardooma Courts, Delhi in MACT No. 551/2016 titled Smt. Naushad Naz and Anr. v. Mohd. Asif and Ors.

(2.) By the impugned Award, the learned Tribunal has held that the claimants had been unable to prove that the accident had taken place due to the offending vehicle, that is, the truck bearing registration no. UP 21 N 1098, being driven in a rash and negligent manner. The learned Tribunal has, therefore, by the Impugned Award, treated the Claim Petition as one under Sec. 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') and awarded compensation of Rs.5,00,000.00 in favour of the claimants. BACKGROUND FACTS

(3.) Briefly stated, it was the case of the claimants before the learned Tribunal that the deceased Sh.Avid @ Abid along with his wife Naushad, on 7/1/2015, was going on a motorcycle to Sirsi. At about 12:30 PM, when they reached Wazid Puram, the offending vehicle came from the front side being driven in a rash and negligent manner by Mohd. Asif (respondent no.1 in MAC.APP. 1159/2018) and hit the motorcycle. The offending vehicle was being driven on the wrong side of the road as it was trying to escape the checking by the RTO. Due to the accident, the deceased suffered grievous injuries. He was rushed to the Government Hospital in Sambhal, UP by the wife of the deceased, and from there he was referred to the Government Hospital Moradabad. Thereafter he was taken to the Safdarjung Hospital, Delhi, where he unfortunately succumbed to his injuries on 19/1/2015. The above Claim Petition was filed claiming compensation for his death in the motor vehicular accident.