SHIVAJI SHAH Vs. RAMDHARI AND ANR.

JUDGEMENT

(1.) On 13.02.2010, at about 12.45 p.m. the first respondent was peddling his cycle rickshaw carrying certain cargo, proceeding towards Jahangirpuri from Vijay Vihar. When he had reached outer Ring Road, bypass flyover on G.T. Karnal Road, his cycle rickshaw was hit from behind, as a result of which he felt from the flyover to the ground below and suffered injuries. The first information report (FIR) No. 38/2010 was registered in police station Mahendra Park for offences under Sections 279, 337 of the Indian Penal Code, 1860 (IPC) on the statement of the first respondent. In the FIR, it was mentioned that the vehicle which had caused the accident was a car bearing registration No. DL-3CAG-8592 (car) which was driven by Shivaji Shah son of Sh. Jai Pal Singh (the appellant herein).

(2.) The first respondent instituted accident claim case (MACT No. 1029/10) on 30.04.2010 seeking compensation under section 166 of the Motor Vehicles Act, 1988. He impleaded the appellant and the registered owner of the car (second respondent herein) as the respondents. The claim case was contested by the appellant, he filing a written statement denying his involvement, pleading false implication.

(3.) The Tribunal held inquiry and, by judgment dated 14.05.2013 upheld the case of the claimant awarding compensation in the sum of Rs. 5,23,266/- and directing that the appellant and second respondent would be jointly and severally liable to pay the same. It appears that there was no contention raised either by the appellant, or by the second respondent, that the vehicle was covered by any third party insurance policy and therefore, no insurance company was impleaded.