SUNITA & ORS. Vs. DEEPAK & ANR.

JUDGEMENT

(1.) Indisputably, a motor vehicular accident occurred on 10.02.2005 at 7.40 p.m. in the area of Ghuman Hera Road, leading to Najafgarh involving motor cycle bearing registration no.DL-3SX-2808 (motorcycle), on the one hand, and two wheeler scooter bearing registration no.DL-9SD-3183 (scooter), on the other. It is admitted case on both sides that the motor cycle was driven at the relevant point of time by Rajinder Singh and the scooter by Deepak. It has come in the pleadings, and the evidence, that a girl named Vandana, aged about 18 years, was riding on the pillion of the motor cycle. Due to the collision, all the three said persons suffered injuries, Rajinder Singh dying in the consequence.

(2.) Two accident claim cases came to be instituted, one by the wife and members of the family dependent on the deceased Rajinder Singh, it being MACT case No. 786/05/08 instituted on 28.05.2005 in which the said Deepak, the scooter driver, and Ramanand, its registered owner, were impleaded as respondents. The other case (MACP 787/06/08) was instituted by the said Deepak on 30.08.2006 wherein he impleaded the legal representatives of deceased Rajinder Singh (collectively, as the first respondent) and Vijay, the owner of the motorcycle as the second respondent. In the claim on account of death, it was alleged that the accident had occurred due to the negligent driving of the scooter by Deepak. In the other case it was alleged by Deepak that the accident had occurred due to the negligent driving of the motorcycle by the deceased Rajinder Singh.

(3.) Both cases arising out of the accident were clubbed by the Motor Accident Claims Tribunal (Tribunal) and a common inquiry held though on issues separately framed, the crucial issue being as to who was at fault. On the basis of evidence led, the tribunal rendered its judgment dated 20.01.2011 declining to accept the evidence of the family of the deceased about negligence on the part of the scooterist Deepak. On the contrary, the case of Deepak was accepted and it was held that the accident had occurred due to negligence on the part of the motorcyclist, Rajinder Singh. Against this backdrop, compensation was denied in the fatal accident claim case and in the case of Deepak, an amount of Rs. 8,000/- was awarded as compensation.