DELHI JAL BOARD Vs. CHANDRA KALA

JUDGEMENT

(1.) This judgment shall decide the present appeal preferred by the appellants in terms of Sec. 173 of the Motor Vehicles Act, 1988[1] assailing the impugned judgment-cum-award dtd. 7/12/2017 passed by the learned Presiding Officer, Motor Accident Claims Tribunal-1, Central District, Tis Hazari Courts, Delhi[2] in MAC. Case No. 145/2014, whereby the learned Tribunal awarded compensation to the claimants to the tune of Rs.47,83,000.00 with interest @ 9% per annum from the date of filing of the petition till realization and fastened the liability upon the driver and the registered owner to pay the compensation.

(2.) Succinctly put, it was the case of the claimants being the wife, mother and minor daughter of the deceased that on 20/1/2008, the deceased-Kirpal Dutt Walia, who was working as an Inspector in the Intelligence Bureau (IB), Government of India, was going back to his home on his motor cycle[3] bearing registration No. RJ-26N-0250 and was accompanied by his friend Sh. Vijay Dangwal, who was on his own two-wheeler scooter. At around 11:30 PM, when they reached in between Police Bhawan and Vardhman building, Asaf Ali road, one truck was going ahead of them at a slow pace; and it was claimed that as there was a heap of soil lying on the road, both the vehicles slowed down, when all of a sudden, one tanker belonging to DJB[4], who is the registered owner[5], bearing registration No. DL-1M-0311 (hereinafter referred to as the 'offending vehicle/tanker' for brevity) came from behind at a high speed, being driven by Ravinder Singh/Appellant No.2 in a rash and negligent manner and hit the motor cycle of the deceased as a result of which, he suffered fatal injuries.

(3.) It was the case of the claimants that Vijay Dangwal luckily escaped and he along with some public persons prevailed upon the driver[6] of the offending vehicle/tanker to remove the injured to LNJP hospital, but on reaching the hospital, the injured was declared 'brought dead'. Subsequently, FIR No. 12/2008 was registered under Sec. 279/304A IPC[7] at PS Kamla Market, New Delhi. Consequently, a claim petition dtd. 28/7/2008 was filed by the claimants under Sec. 160 and 140 of the Act seeking compensation of Rs.1.30 crores.