REHMANI BEGUM : MUNABAR BANO : TABASUM BANO Vs. KRISHAN PAL : AG ENVIRO INFRA PROJECTS P. LTD. : NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The Appellant/Claimant has challenged the impugned award in Suit No. 57308/16 dated 23.05.2017 passed by Sh. Vinay Singhal Additional District and Sessions Judge, MACT-02, (Central) Delhi (henceforth referred to as the Tribunal) whereby the claim petition on account of failure to prove the cause of action qua the driver of the truck was established and the claim was dismissed.

(2.) The brief facts stated are that deceased Ziyakhan aged about 21 years was riding a motorcycle bearing No. DL-3S-CJ-2143 at about 3:15 AM on 30.08.2012 and was going from Darya Ganj, Delhi to Meharauli, New Delhi. Deceased Ziyakhan while going to Meharauli opted wrong direction of one way road and reached in front of BSES Office, JLN Marg, Darya Ganj, Delhi where his motorcycle was hit head on to a truck bearing No. DL-1M-5789 which was on MCD Duty. Due to the hit to the MCD truck, deceased fell down on the road and sustained fatal injuries, he was taken to L.N.J.P. Hospital where he was declared brought dead. Thereafter, FIR, FIR No. 186/12 under Section 279, 304A IPC was got registered on the same day at P.S. Darya Ganj.

(3.) The police investigated the case and filed the Charge Sheet under Section 279, 304-A IPC on 17.10.2014 against Driver of Truck Krishan Pal (Respondent No.1 herein). Claimants filed the Suit No. 57308/16 demanding a compensation of Rs. 50 Lakhs from the Driver, Owner and Insurance Company for the death of the deceased.