SANJAY AGGARWAL AND ORS. Vs. PARKASH AND ORS.

JUDGEMENT

(1.) On 29.04.2001, Sanjay Aggarwal (the first appellant) was driving Maruti Zen car bearing registration No.DL 2CN 1 4283 (the car) from Delhi to Shikarpur, Haryana. When the car had reached the area of Islampur, it was involved in a head -on collision with Maruti van bearing registration No.HR 26H 8448 (the van). Besides Sanjay Aggarwal at the steering wheel, his father Ram Niwas, mother Sharda Aggarwal and other members of the family including Roopa Aggarwal, Ashika Aggarwal and Pushp Aggarwal were also travelling in the car. Due to collision all of them suffered injuries and Ram Niwas died in the consequence. Six accident claim cases (MACT case Nos.171 -176/04/02) came to be filed on 29.05.2002 seeking compensation under Sections 166 & 140 of Motor Vehicles Act, 1988 (MV Act); one (MACT 172/04/02) on account of death of Ram Niwas Aggarwal and the others for injuries suffered by the abovesaid persons. In all these cases, the first and second respondents herein were impleaded on the averments that they are the driver and owner respectively of the van, in addition to the third respondent, it concededly having issued an insurance policy against third party risk in respect of the said vehicle. It was alleged that the accident had occurred due to negligent driving of the van by the first respondent. The cases were attested.

(2.) All the six claim cases were consolidated and a common inquiry was held in the course of which, amongst others, Sanjay Aggarwal (PW2) and Prakash (R1W1) appeared in evidence, being the drivers of the car and the van respectively, each of them attributing blame on to the other side. The tribunal assessed the evidence thus adduced and concluded that both drivers were to share the blame equally and thus held it to be a case of contributory negligence apportioning the responsibility to the extent of 50% on each side.

(3.) By the impugned judgment passed on 25.07.2007, the tribunal awarded compensation in the sum of Rs.8,13,334/ - on account of death of Ram Niwas Aggarwal. It also assessed the compensation payable for the injuries suffered by Sanjay Aggarwal to be in the sum of Rs.3,07,436/ -, for injuries suffered by Roopa Aggawal in the sum of Rs.1 lakh, for injuries suffered by Ashika Aggarwal in the sum of Rs.10,000/ - and for injuries suffered by Sharda Aggarwal in the sum of Rs.3 lakhs. The tribunal was not impressed with regard to the claim about injuries statedly suffered by Master Pushp and thus declined to grant any compensation in his favour. In each of these cases, the insurer of the van was called upon to pay the compensation to the extent of 50% on account of the element of contributory negligence, with interest at 7.5% per annum from the date of filing of the petition till realization.