SHAKIR ALI Vs. RAJ KUMAR

JUDGEMENT

(1.) The appellant, who is evidently the registered owner of the offending vehicle bearing registration No.DL-8CN-1722, prefers this appeal under Sec. 173 of the Motor Vehicles Act, 1988 [M.V. Act] assailing the impugned judgment-cum-award dtd. 16/12/2017 passed by learned Presiding Officer, MACT, Shahdara Karkardooma Courts, Delhi [Tribunal] insofar as it has imposed the liability to pay compensation to the claimant upon him.

(2.) Shorn of unnecessary details, the claimant/Raj Kumar was riding on his motorcycle bearing registration No.DL-5S-BJ-3603 on 11/2/2015 at about 9.00 AM, when he was hit by Accent car bearing registration No. DL-8CN-1722, being driven by its driver in a rash and negligent manner resulting in physical injuries to the claimant.

(3.) DAR [Detailed Accident Report] was filed on such facts and treating it as an application/claim for compensation case under Sec. 146 and Sec. 140 of Motor Vehicles Act, notice was issued to respondent No.1/driver, who although acknowledged that he was driving the offending vehicle but he denied that it was involved in an accident and denied his liability to pay any compensation. Respondent No.2 i.e. the present appellant, who was registered owner of the vehicle moved an application for discharge but the same was dismissed in default for non-appearance on 25/7/2016. Both respondent No.1 and respondent No.2 were proceeded ex-parte and it was observed by the learned Tribunal that respondent No.1 was blamed worthy for driving the offending vehicle in a rash and negligent manner and causing injuries to the claimant, the learned Tribunal has awarded total compensation of Rs.2,55,100.00 with interest @ 9% to the claimant from the date of filing of the petition till realisation.