MARRIAMMA JOSEPH Vs. S VINAY TIWARI

JUDGEMENT

(1.) APPELLANTS have filed the present appeal seeking enhancement of the compensation as awarded in this case by the learned Tribunal.

(2.) VIDE the judgment dated 3rd August, 2002 passed by Sh. Ajit bharioke, Judge, MACT, Shahdara, Delhi, a sum of Rs. 17,45,000/- together with 9% interest thereon from the date of filing of the petition i. e. 18th september, 2002 till the realization of the amount, was passed in favour of the appellants and respondent No. 4 and against respondents No. 1 to 3.

(3.) BRIEF facts of this case are that on 15th July, 2000, after his night duty, the deceased T. M. Joseph was returning home on his two wheeler scooter No. DL-7sj- 9877. The deceased was driving the scooter and his colleague K. Joy was sitting as a pillion rider. They left Mother Dairy after 6 a. m. On reaching, Ghaziabad Red Light Crossing on Delhi-Ghaziabad highway, the deceased stopped his scooter and was waiting for the green signal. In the meanwhile, a Truck No. DL 1ga 3014 which was being driven by its driver/respondent No. 2 came at a very high speed from behind in a rash and negligent manner and hit the scooter. Due to the impact, the scooter along with its driver and pillion rider were dragged to a distance of about 10 metres. The pillion rider fell on the right side while deceased came under the truck. Consequently, the deceased suffered several head injuries and also severe damage on the left side. A PCR van came on the spot and took the deceased to Lal Bahadur Shastri Hospital, Delhi, where he was declared dead. The offending truck was registered in the name of respondent No. 1 and was insured with respondent No. 3.