RUCHIE SETH Vs. PURSHOTAM KUMAR

JUDGEMENT

(1.) Being aggrieved by the judgment dated 2.12.1996 passed by Smt. Kanwal Inder, MACT, Delhi, appellants have filed the present appeal, seeking enhancement of the compensation.

(2.) Learned Tribunal awarded a sum of Rs. 8,56,220/- as compensation to the appellants on account of death of Shri. A.K. Seth in a road accident.

(3.) Deceased A.K. Seth, was serving as Deputy Commissioner of Police in Delhi Police and on 24.4.1992, was driving his maruti car No. DIB 4649 at about 5.00 a.m. near Swami Nagar, DTC Bus Stop on main outer ring road while returning from his official duty at I.G.I. Airport, New Delhi. The deceased was going on correct side of the road, when all of a sudden a truck bearing No. HR-26-A-5448 came from behind, which was driven at a very fast speed, rashly and negligently by respondent No. 2 and overtook the car of deceased from its right side and suddenly swerved to his left side while applying sudden brakes. The truck almost came ahead of the car and the car struck against the rear of the truck and in that process the deceased sustained head injuries. The deceased was removed to the A.I.I.M.S., where he was treated but he succumbed to injuries in the hospital on 22.5.92. The truck is owned by respondent No.1 and is insured with respondent No. 3.