SUSHILA DEVI Vs. SANDEEP KUMAR

JUDGEMENT

(1.) The present appeal emanates from the judgment dtd. 12/1/2015 ('Impugned Award') passed by the learned Presiding Officer, Motor Accidents Claims Tribunal: Dwarka Courts: New Delhi in MACP No. 27/2013 titled as Smt. Sushila Devi and Ors. v. Sh. Sandeep Kumar and Ors. whereby the Petitioners/Claimants were awarded an amount of Rs.17,49,491.00 as compensation with an interest @7.5% per annum, from the date of filing the petition, till realization is made by Respondent No.3/Insurance Company. Further a deduction of 20% was also made towards contributory negligence in the awarded amount. The Appellants by way of the present appeal are seeking enhancement of the compensation awarded by the learned Claims Tribunal.

(2.) It is the case of the Appellants that on 22/7/2012, at around 8.10 PM, Sh. Subhash Chander (deceased) was driving a motorcycle bearing no. DL-9S-J-5202 which collided with a DTC bus bearing no. DL-1P-B-5549 ('Offending Vehicle'). It is further the case of the Appellants that the offending vehicle was parked in the middle of the road without any signal or light indicator. The deceased before the collision with the offending vehicle had just crossed the underpass near Palam Airport and moved towards IOC red light, where the offending vehicle was standing in the middle of the road. As a result of collision, the deceased sustained fatal injuries and subsequently was taken to Mata Chanan Devi Hospital, Janakpuri, New Delhi. Pertinently, the injuries suffered by the deceased proved to be fatal and he expired on 23/7/2012.

(3.) Consequently, on 22/7/2012, an F.I.R. No. 173/2012 was registered with Police Station Delhi Cantt. under Ss. 279 and 337 of IPC and a charge sheet was also filed under Ss. 279 and 304-A of IPC against Respondent No.1.