VEENA KHURANA Vs. AMAN VERMA

JUDGEMENT

(1.) This judgment shall decide the present appeal filed by the appellants/claimants/petitioners under Sec. 1731 of the Motor Vehicles Act, 1988 [Act] assailing the Impugned Order dtd. 31/10/2014 passed by the learned Motor Accident Claims Tribunal [Tribunal], Tis Hazari Courts, Delhi, whereby the compensation petition of the appellants was allowed and the appellants/claimants were awarded an amount of Rs.9,24,104.00 in Compensation Petition No. 62/2012 titled as 'Smt. Veena Khurana and Ors. vs. Aman Verma and Anr." 173. Appeals. - (1) Subject to the provisions of sub-sec. (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court, unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. FACTUAL BACKGROUND:

(2.) Briefly stated, it was the case of the appellant / claimant that on 13/8/2011, Sh. Gopal Krishan Khurana (deceased herein), aged 65 years as on the date of the accident, at about 01:35 pm was riding his scooter. As the deceased approached Budhela Mandir, C Block, the offending vehicle, bearing No. DL 9C3 3284 (Wagon R Car) and driven by the Respondent No. 1 in a rash and negligent manner, collided with the deceased's scooter from behind. This collision caused the deceased to fall from his scooter, resulting in severe injuries. The offending vehicle was owned by the Respondent No. 2 and was not insured.

(3.) The appellant No. 2, who is the son of the deceased, took the deceased from the site of the accident to Mata Channan Devi Hospital, where he was subsequently admitted in the Intensive Care Unit (ICU). The deceased was in the Hospital from 13/8/2011 to 27/8/2011. The deceased succumbed to his multiple severe injuries on 27/8/2011. PROCEEDINGS BEFORE THE LEARNED MACT AND IMPUGNED ORDER: