SHAKUNTALA DEVI Vs. SUNIL

JUDGEMENT

(1.) This common judgement shall decide the above noted two appeals preferred by the appellant No. 1/respondent No. 3firm/registered owner of the offending vehicle in terms of Sec. 173 of the Motor Vehicle Act, 1988 [M.V. Act] assailing the impugned common judgement-cum-award dtd. 12/10/2012 passed by the learned Presiding Officer, Motor Accident Claims Tribunal-02, South District, New Delhi [Tribunal] in Suit No. 115/2010 and Suit No. 454/2010, whereby the claim petitions of the two claimants were allowed and the liability to pay the compensation was fastened upon the shoulders of the appellants since the offending vehicle was not insured for third party risks.

(2.) Briefly stated, it was the case of claimants that on 14/1/2007 at about 09.00 PM, the claimants i.e., Sunil and Vijay [Sunil (Claimant) in MAC. APP. 382/2013 and Vijay (Claimant) in MAC. APP. 383/2013], were travelling on a motorcycle bearing registration No. DL-3S-T-2773. Vijay was driving the motorcycle while Sunil and one Prakash were the pillion riders. Upon reaching near the 21st Milestone, Shiv Murti on the National Highway No. 8, the offending vehicle (Mahindra Marshal) bearing registration No. DL-1L-E-7350, driven in a rash and negligent manner, collided with the motorcycle, causing the claimants to fall and sustain injuries. The offending vehicle was owned by the appellant No. 1/respondent No. 3, but it was not insured at the time of the accident.

(3.) The claimants were taken to the Hospital and their MLCs were prepared. The information regarding the accident was given by an eye-witness by calling on No. 100 and an FIR bearing No. 35/2007 was registered at the PS Vasant Kunj.