RADHA NIGAM Vs. MANAS BANSAL

JUDGEMENT

(1.) VIDE the present appeal, the appellant/claimant has assailed the award dated 31.03.2011, whereby the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, (for short 'MV Act') was dismissed by the learned Tribunal.

(2.) THE facts of this case are that on 14.03.2003, deceased Manish Nigam, i.e., son of the appellant alongwith three other friends were returning from Hayat Regency Hotel after attending the birthday party of their friend in a Baleno Car bearing No. DL 9CB 1071 driven by one of the friend of the deceased, namely, Manas Bansal, i.e, respondent No. 1 herein. The said Car collided with an Ambassador Car bearing No. DL 7CC 5301 at Prithvi Raj Road, New Delhi, at about 11.55 pm, wherein the son of the appellant, i.e., Manish Nigam along with Anshul Khandelwal and Anish Jain died, whereas their fourth friend, namely, Chayan Gupta sustained grievous injuries.

(3.) ON perusal of the impugned order dated 31.03.2011, it is revealed that the learned Tribunal relied upon a case of Oriental Insurance Co. Ltd. Vs. Jhuma Saha & Ors., 2007 ACJ 818, wherein held as under: -