NEW INDIA ASSURANCE CO LTD Vs. SANTOSHI DEVI

JUDGEMENT

(1.) The Appellant No.1 by MAC. APP. 866/2017 and Appellant No.2 and 3 by MAC. APP. 86/2018 has challenged the impugned award in DAR proceedings arising from Suit No. 4633/16 in respect to FIR No. 180/16 registered at P.S. Sun Light Colony, Delhi under Section 279, 304A IPC dated 07.04.2016 whereby the compensation of Rs.21,53,000/- alongwith interest at the rate of 9% p.a. on the total compensation amount from the date of filing of DAR i.e., 08.06.2016 till its realization has been awarded in favour of Respondent/Claimants. The compensation amount was directed to be given by Appellant No.1 to the claimants and further granted recovery rights to Appellant No.1 qua Appellant No.2 and 3.

(2.) The facts alleged are that on 07.04.2016 at about 4:30 AM at J.K. Batching Plant, Yamuna Khadar, Sarai Kale Khan, New Delhi. Bhure Lal (Deceased) aged 31 years was entrusted for unloading Sand/Rodi Badarpur from the truck bearing registration No. RJ-14GF3534(hereinafter called the offending vehicle) which was being driven by Appellant No. 2 Rohitash Gurjar (Driver). While deceased was helping the said truck to reverse, driver reversed it in a rash and negligent manner and unfortunately deceased got crushed between the truck and a pole and suffered fatal injuries. He was taken to Jai Prakash Narayan Apex Trauma Centre, AIIMS, New Delhi where he was declared brought dead vide MLC No. 552509/16. The post mortem of the deceased got conducted at the same hospital. Subsequently, FIR No. 180/16 was got registered at P.S. Sun Light Colony, Delhi under Section 279, 304A IPC dated 07.04.2016 on complaint of Eye Witness Sh. Ajij S/o Sh. Nazir Khan R/o Village Satra Foot, Chharra, District Aligarh, U.P.

(3.) On the basis of pleadings and evidence led by the parties, impugned award in Suit No. 4633/16 dated 22.08.2017 was passed by Sh. Rajeev Bansal, PO MACT, Saket Courts, New Delhi (henceforth referred to as the Tribunal) and compensation of Rs.21,53,000/- alongwith interest at the rate of 9% p.a. on the total compensation amount from the date of filing of DAR i.e., 08.06.2016 till realization was granted. The compensation amount was directed to be given by Appellant No.1 to the claimants and further granted recovery rights to Appellant No.1 qua Appellant No.2 and 3.