RAKESH SHARMA @ RAKESH Vs. ASHOK

JUDGEMENT

(1.) Appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed by the Appellants/ parents of the child, Harsh Sharma, aged about 14 years 10 months, who died in the road accident on 28/9/2017, to seek enhancement of compensation in the sum of Rs.10,20,000.00 along with interest @ 6% per annum, granted vide Award dtd. 26/5/2022.

(2.) Briefly stated, on 28/9/2017 at about 11:15 p.m., Sh. Satyendra along with his friend, Ajay was going on a Scooty, while Chanden with Harsh as the pillion rider, was driving the Motorcycle to Chattarpur Temple, Delhi. As they climbed down from Naraina Flyover, the Motorcycle driven by Chanden slightly hit another Motorcycle, and lost its balance and fell. At this point, the Offending Truck bearing No.RJ-52GA-2449 being driven by Respondent No.1 in a rash and negligent manner, came from behind and hit Harsh Sharma/pillion rider on the Motorcycle causing him injuries. Subsequently, Harsh Sharma (hereinafter referred to as "deceased") was taken to DDU Hospital where he was declared "Brought Dead".

(3.) The FIR No.219/17 under Sec. 279/304-A of the Indian Penal Code, 1860 was registered at Police Station Naraina. Subsequently, Detailed Accident Report was filed by the Investigating Officer, which was treated as the Claim Petition for determination of Compensation.