NUTECH SECURITY PRINTERS Vs. GEETA DEVI

JUDGEMENT

(1.) The instant appeal is arising out of the impugned award dated 16.02.2013 in MACT Case No. 575/01 passed by Mr. Prem Kumar Barthwal, Presiding Officer, MACT (SE-01), Saket Courts, New Delhi (henceforth referred to as the Tribunal) whereby compensation of Rs. 2,29,500/- (Rupees Two Lakhs Twenty Nine Thousand and Five Hundred Only) alongwith interest at rate of 7.5% p.a. from the date of filing of petition till the date of its realization was granted in favour of Claimant No.1 and 2 (Respondent No.1 and 2 herein).

(2.) The brief facts stated are that on 09.06.1999 at about 9:30 A.M. Smt. Geeta Devi alongwith her two sons Sushil and Vakil were going towards Masjid Malka, while they were crossing the road near Khanpur Market, a truck bearing No. DL-1LB-0144 (hereinafter called as offending vehicle) driven by Respondent No.3, Jai Singh in rash and negligent manner hit her son Sushil. As a result of forceful impact Sushil fell down and sustained multiple grievous injuries and was taken to A.I.I.M.S. Hospital and was declared brought dead. An FIR, FIR No. 313/1999 under Section 279, 304A IPC was got registered at Police Station Ambedkar Nagar, Delhi. Initially the petition was filed under Section 166 and 140 of Motor Vehicle Act, but during course of the proceedings, on request of petitioners, said petition was converted into Section 163-A of the Motor Vehicle Act, 1988 on 23.08.2004.

(3.) Thereafter, claim petition was filed on 11.08.1999 against Jai Singh Respondent No.3 driver of the offending vehicle, Appellant M/s Nutech Security Printers (Owner), Respondent No.4 The Oriental Insurance Company, insurer of the offending vehicle and Respondent No.5 Sardar Singh by the claimants.