RAHUL KUMAR & ANR Vs. SUMIT KUMAR

JUDGEMENT

(1.) The appellants are aggrieved by award of compensation of Rs.1,60,000/- on account of injury having been caused to minor Master Sumit Kumar in an alleged motor vehicle accident.

(2.) The learned counsel for the appellants submits that the impugned order suffers from a grave error, both in fact and in law. For the award to have been made two aspects ought to have been decided: (i) that there was an offending vehicle; and (ii) that the same was being driven in a rash and negligent manner. He submits that in the present case, by the claimants' own submission, the injury to the minor was caused not by a motor vehicle but by his falling down the stairs; the father of the injured victim had intimated the Station House Officer of Police Station Okhla Industrial Area, Phase -I, New Delhi by letter dated 23.01.2016 (Annexure A-2), which reads inter alia as under:-

(3.) This communication to the police by the father of Master Sumit Kumar, is not in dispute.