NETAJI SUBHASH INST OF TECHNOLOGY Vs. ALKA AHUJA

JUDGEMENT

(1.) THE appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 12,51,500/- has been awarded to the claimants. The appellant in MAC. APP. No. 836/2006 is seeking reduction of the award amount on the ground that deceased was contributory negligent for the accident whereas the appellants in mac. APP. No. 884-86/2006 are seeking enhancement of the award amount.

(2.) THE accident dated 5th September, 2003 resulted in the death of Krishan kumar Ahuja. The deceased was survived by his widow, a minor son and mother who filed the claim petition before the learned Tribunal.

(3.) THE deceased was aged 38 years at the time of the accident and was working as Senior Stenographer with Netaji Subhash Institute of Technology, Sector 3, dwarka, New Delhi. The accident occurred inside the complex of Netaji Subhash institute of Technology. On 5th September, 2003, the deceased was driving his two wheeler scooter while going out of the Institute when he was hit by offending bus of the Institute bearing No. DL1v4504 which was coming inside the institute. The accident occurred on the private road inside the complex. The accident was witnessed by independent eye witness, Constable Bhim Singh who was on duty near the accident site and he registered the FIR. Bhim Singh reported to the police that he was on duty near the accident site when the mini bus bearing No. DL1v4504 hit the scooter driven by the deceased and the deceased was thrown at a considerable distance. Bhim Singh also reported to the police that the accident occurred due to the fast speed and rash and negligent driving of the mini bus by its driver. The driver was apprehended at the spot and a case under Section 279/304-A IPC was registered against the driver of the bus. The case was investigated by the police and the charge sheet was filed by the police against the driver under section 279/304-A IPC. The FIR, site plan and the charge sheet were placed on record before the learned Tribunal. The site plan shows that the accident occurred at Point 'a' shown in the site plan and Bhim Singh was on duty at point 'b'. The site plan also shows that there is a blind turn at the site of the accident.