CHANDER BHAN Vs. RAM SEWAK

JUDGEMENT

(1.) The appellants/claimants have filed this appeal against the award dated 19.07.2004 passed by the Motor Accident Claims Tribunal, Sonepat (hereinafter referred to as 'the Tribunal'), whereby, the claim petition filed by them under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'the Act') for grant of compensation on account of death of their son, Jaidev, in a motor vehicle accident, was dismissed.

(2.) The claim of the appellants as pleaded in the claim petition was that their son Jaidev was working as a driver with Sanjay Kumar, resident of Rohini, New Delhi. Sanjay Kumar was running a travel agency in the name of Shiva Travels. On 29.10.1998, Sanjay Kumar received a telephone call from a person, namely, Ravi, who asked him to arrange a vehicle to go to Rajasthan. On 30.10.1998, Sanjay Kumar arranged the Tata Sumo bearing registration No.DL-3CJ/5108 belonging to respondent No.1-Ram Sewak Gupta, to take aforesaid Ravi to Rajasthan. Sanjay Kumar deputed Jaidev to drive the said vehicle with a direction to him to take the aforesaid customer to Rajasthan. But Jaidev did not return even after 4-5 days, on which Sanjay Kumar lodged FIR No.858/98 in Police Station Badli with regard to missing of Jaidev and Tata Sumo bearing registration No.DL-3CJ/5108. On 05.11.1998, the police of Kolwa, District Dausa (Rajasthan) found dead body of a person, who was murdered by strangulation. FIR No.175/98 was registered in Police Station Kolwa with regard to the said murder. Postmortem examination on the dead body was conducted. In September, 2001, Police arrested Ravi @ Preetish Sharma, son of Satpal Sharma, resident of Delhi and during the investigation, he disclosed to the police that on 30.10.1998, he had booked Tata Sumo bearing registration No.DL-3CJ/5108 with Sanjay Kumar to go to Rajasthan and on the way, he murdered Jaidev, who was driving the said vehicle. The said accused identified the photographs of Jaidev and he also admitted that he had murdered Jaidev with the help of co-accused, Rahul, with a motive to steal the aforesaid vehicle. On completion of investigation, the police presented challan against Ravi @ Preetish Sharma.

(3.) As per claimants, deceased Jaidev was 25 years of age and he was driver by profession and his monthly income was Rs.3,500/- per month. Tata Sumo bearing registration No.DL-3CJ/5108, in which Jaidev was murdered, was owned by respondent No.1 and it was insured with respondent No.2- Insurance Company. Hence, the claim petition was filed for grant of compensation as per schedule given under Section 163-A of the Act.