S.P. JAIN Vs. SUNITA

JUDGEMENT

(1.) Aforesaid two appeals are arising out of award dated 25.08.2018 in MAC No. 117/2016 passed by Sh. Devender Kumar, Presiding Officer-MACT, Shahdara District, KKD, Delhi (hereinafter called as "The Tribunal") whereby compensation of Rs.30,94,000/- alongwith interest at rate of 9% p.a. on total compensation amount from date of filing of petition till its realization has been awarded to the Claimants.

(2.) Brief facts stated are that on 15.09.2014 at about 1:00 AM, deceased Jitender Kumar, aged 33 years was driving truck No. UP-14- DT-6979 and reached in front of Dhara Medical College, Kherar, Mainpuri, U.P. where suddenly a truck bearing No. UP-78B- 9298 (hereinafter referred to as offending vehicle) driven by Rajendra Kumar (driver of the offending vehicle) in rash and negligent manner which resulted into the present accident, deceased received crush injuries and later died in the hospital. FIR, FIR No. 113/2014 was got registered under Sections 279 and 304A IPC at P.S. Dannahar, Mainpuri, U.P. against driver of offending vehicle. Postmortem of the deceased was got conducted. Driver of the offending vehicle was got arrested and chargesheeted.

(3.) Thereafter Claimants filed MAC No. 117/2016 (old MAC petition No. 291/14) on 25.11.2014 demanding a compensation of Rs. 25 Lakhs for the negligent act of driver Rajendra Kumar.