SUBHASH CHANDER SACHDEVA Vs. BOCHU VENKATESHWAR RAO

JUDGEMENT

(1.) These appeals have been filed challenging the Award dtd. 28/2/2017 (hereinafter referred to as the 'Impugned Award') passed by the learned Motor Accident Claims Tribunal, South-East District, Saket Courts, New Delhi (hereinafter referred to as the 'Tribunal') in MACT No. 4245/2016 titled as Shri Subhash Chander Sachdeva and Anr. v. Shri Bochu Venkateshwar Rao & Ors..

(2.) To avoid confusion, in the subsequent part of the judgment, the United India Insurance Company Ltd. shall be referred to as the 'Insurance Company', while the Claimants before the learned Tribunal, who are the appellants in MAC.APP. 515/2017, shall be referred to as the Claimants.

(3.) The above-mentioned Claim Petition was filed by the Claimants under Ss. 166 and 140 of the Motor Vehicles Act, 1988 (in short, the 'Act') claiming that on 9/8/2013, at about 4:30 AM, the deceased Shri Abhimanyu Sachdeva was driving his Verna car and was traveling from RGI Airport, Cyberabad, to Gachi Bowli along with Ujwal Verma and Gautham Reddy C. When the car reached at Outer Ring Road, near Chennamma Hotel, a Cement Tanker bearing registration no. AP-16TY-7598 (hereinafter referred to as the 'Offending Vehicle'), which was being driven by Sh.Bochu Venkateshwar (Respondent No. 1 in MAC. APP. 515/2017), in a rash and negligent manner, hit the car of the deceased. As a result thereof, the deceased suffered fatal injuries and was immediately shifted to the Trident Hospital, where he was examined by the Doctors, but the deceased's condition kept deteriorating, and around 8 AM on the same day, he succumbed to his injuries and was declared dead by the doctors.