BABLI AND ORS Vs. SABBIR AND ORS

JUDGEMENT

(1.) Bijender, born on 08.07.1964, having served in Indian Air Force in the rank of Sergeant, having been discharged from the said service on completion of 20 years of engagement, employed at the time as Facility Engineer with private entity Johnson Controls India Pvt. Ltd., suffered injuries in a motor vehicular accident that occurred on 21.11.2006 and died in the consequence, the mishap having occurred due to the negligent driving of a truck bearing registration no.UP-14K- 5409 admittedly insured against third party risk with the third respondent (insurer) for the period in question. His widow and other members of the family dependent upon him (collectively, the claimants), they being the appellants herein, instituted (accident claim case 111/2009) on 02.07.2007 seeking compensation.

(2.) After inquiry, the Motor Accident Claims Tribunal (Tribunal), by judgment dated 27.05.2009, upheld their case for compensation on the principle of fault liability holding the driver of the above mentioned vehicle to be negligent, such finding having attained finality as it was not challenged. By the said judgment, the Tribunal awarded compensation in the total sum of Rs. 18,13,008/-, it having been calculated thus:- <FRM>JUDGEMENT_334_LAWS(DLH)8_2017_1.html</FRM>

(3.) The insurer was directed to pay the above mentioned amount with interest at the rate of 7.5% p.a.