CHANDER BATI Vs. A.SAI

JUDGEMENT

(1.) THE present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as the "Act") has been filed against the award dated 20.03.08 passed by Sh. Suresh Chand Rajan, Judge, Motor Accidents Claims Tribunal (for short as the "Tribunal"), Delhi.

(2.) BRIEF facts leading to the dispute are that Sohan Lal, the deceased suffered fatal injuries in a road accident on 02.11.2000. The deceased was riding on his Yamaha motor cycle, bearing registration No. DL4S -U -3845 on the road, on which Hotel Taj Mansingh was on his left side. Around 6.45 pm, a car Premier NE, bearing registration No. AP -9K -7542, being driven by Respondent No. 1, came at a fast speed and was being driven in a rash and negligent manner and collided with the motor cycle of the deceased with great force and impact and after hitting the motor cycle, it stopped at a distance, when the general public gathered at the spot. Under the pressure of the gathered public, the occupants of the car, after assuring of providing adequate treatment to Sohan Pal took him to the hospital. However, instead of getting the injured admitted to the hospital, they dropped him outside the hospital. On account of the aforesaid negligent and inhuman act of Respondents, Sohan Lal finally expired on account of his fatal injuries and excessive bleeding.

(3.) IT has been contended by Ld. Counsel for the Appellant that the Tribunal has not applied the provisions of multiplier and other calculations, properly and correctly, as envisaged under the Act. Further, the Tribunal has erred in holding that 1/2 is required to be deducted, on account of personal expenses of the deceased, being unmarried at the time of death. The Tribunal was wrong in granting a meager interest of 7% per annum for forbearance and detention of money, thus the rate of interest is also liable to be increased.