MOHD. SABUDDIN Vs. MOHD. ZAKIR

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter as the "Act") has been filed on behalf of the appellant challenging the judgment dtd. 20/2/2016 (hereinafter as the "impugned order/award") passed by the learned Motor Vehicles Claims Tribunal, South East District, Saket Court, New Delhi (hereinafter as the "Tribunal") in Suit No. 335/14, seeking the following reliefs -

(2.) On 1/6/2004, at about 9:45 AM, Mr. Mohd. Zakir, the appellant herein/claimant before the learned Tribunal, was riding his Chetak Scooter bearing registration number DL-3S-D-6493 along with his brother-in-law, Mr. Mohd. Usman, from Sangam Vihar to Subhash Camp. When the claimant reached near one shop namely Munna Auto Welder, Shanny Bazar, Devli, New Delhi, one scooter bearing registration number DNF-7071 (hereinafter as the "offending vehicle"), coming from the opposite direction, collided with the claimant's vehicle. As an effect, the claimant and the pillion rider fell from the scooter and the claimant sustained grievous head injuries. Consequently, the claimant was immediately moved to the Batra Hospital, Delhi for his medical treatment.

(3.) Thereafter, an FIR bearing number 406/2004 was registered with Police Station - Sangam Vihar and upon completion of the investigation, chargesheet was registered against the respondent no.1/driver under Ss. 279/338 of the Indian Penal Code, 1860.