SALIYA BEGUM Vs. DHIYAN SINGH

JUDGEMENT

(1.) This common judgment shall decide the above noted cross-appeals preferred by the parties. The appellant Saliya Begum @ Sarla Signatuj (hereinafter referred as the claimant) has preferred the appeal bearing no. MAC APP 964/2016 in terms of Sec. 173[1] of the Motor Vehicles Act, 1988[2] for enhancement of compensation against the impugned judgment-cum-award dtd. 2/6/2016, passed by the learned Presiding Officer, Motor Accident Claims Tribunal-02, West District, Tis Hazari Court, Delhi[3] in Suit No. 899/2014, titled 'Saliya Begum v. Sh. Dhiyan Singh and Ors', whereby the learned Tribunal awarded compensation to the sum of Rs.7,43,377.00 to the claimant along with interest @ 9% per annum from the date of filing of the Detailed Accident Report[4] till realisation. The appellant/insurance company too has preferred the appeal bearing no. MAC APP. 411/2017 on various grounds that would be alluded to later on in this common judgment. FACTUAL BACKGROUND:

(2.) Shorn of unnecessary details, a motor accident took place on 10/3/2014 at about 07:50 a.m. near the flyover in front of Vishal Mega Mart, Nangloi, Delhi, when the claimant was crossing the road and was hit by a Haryana Roadways Bus No. HR-61-A-5438[5], as a result of which she suffered grievous injuries. The offending vehicle was allegedly being driven in a rash and negligent manner by its driver Dhiyan Singh, while General Manager Haryana Roadways was the owner of the offending vehicle, which was admittedly insured with New India Assurance Company Limited i.e. the appellant/insurance company in MAC. APP 411/2017.

(3.) From the pleadings of the parties, contentions raised and material on record, the following issues were framed by the learned Tribunal vide order dtd. 23/9/2014: