YOGESH B CHAVAN Vs. BALLU KHAN & ANR

JUDGEMENT

(1.) The appeal at hand has been filed to assail the judgment dated 08.03.2016 of the motor accident claims tribunal in the accident claim case (MACT No.97/2010), which was instituted by the first respondent (the claimant) on 29.03.2010 whereby compensation was awarded in the sum of Rs.5,68,402/-, the liability having been fastened against the appellant and the second respondent jointly and severally to pay the said amount to the claimant with interest @ 9% per annum, it being the award of compensation for the injuries statedly suffered by him in a motor vehicular accident that had occurred on 11.09.2009 at about 11:00 p.m. at Wazirabad Raod near Ganda Nala, Gokulpuri, Delhi within the jurisdiction of Gokulpuri Police Station.

(2.) It was the case of the claimant before the tribunal that the accident had occurred due to rash or negligent driving of the motor vehicle described as Maruti Car 800 bearing registration No.DL-3CF0900 (the car) by the appellant herein. It may be mentioned here itself that the car statedly is registered in the name of the second respondent. But, the appellant admitted at the trial that it was in his possession and control during the relevant period, his case being that it was parked in the premises of the army camp (Mess No.5) at Lodhi Road, New Delhi-110003, the appellant being an army personnel then posted at the said camp, he being an ordinary resident of District Satara in Maharashtra.

(3.) The claim petition was submitted with the averments that the claimant while going on his bicycle after finishing the job of tailoring at about 11:00 p.m. on 11.09.2009 towards his residence (described to be in Sunder Nagri, Delh-110094), accompanied by his son Amiruddin on another bicycle, was hit by a car which had come at high speed from behind. The claimant stated in the petition that he had suffered injuries due to the said collision and was shifted by Police Control Room (PCR) van to Guru Teg Bahadur Hospital, Shahdara (the hospital) where medico legal certificate (MLC) was prepared, the injuries having been suffered including fracture in the spinal bone, the son Amiruddin, indicated in the petition to be "an eye witness".