BHARPAI AND ANOTHER Vs. RAMJI DASS AND OTHERS

JUDGEMENT

(1.) Present appeal has been filed by Bharpai and Rati Ram Yadav (claimants), parents of Naresh Yadav (since deceased), challenging the award dated 7.3.2003, passed by the learned Motor Accident Claims Tribunal, Gurgaon, (for brevity, 'the Tribunal'), whereby an award of Rs. 3,09,956/- along with interest @ 9% per annum from the date of filing of the claim petition till realization was passed in favour of the appellants.

(2.) It is apposite to mention that the record of this case was burnt in a fire incident that had occurred in the record room of the High Court in the year 2011. The paper book was reconstructed after supplying of the relevant documents by the learned counsel for the appellants. Learned counsel for respondent No. 3-Insurance Company has not denied the correctness of the copies of the documents placed on record by the learned counsel for the appellants.

(3.) Brief facts of the case are that on 10.3.1999, Naresh Yadav (since deceased) while driving his scooter, bearing Registration No. HR-26-E-7417, in the company of his cousin, Naresh Kumar, reached near Radisson Hotel, New Delhi. In the meantime, the offending truck, bearing Registration No. HR-38-B-0415, driven by respondent No. 1-Ramji Dass, came from the rear side and hit the scooter of Naresh Yadav (since deceased). Resultantly, Naresh Yadav sustained multiple injuries on his person. He was brought to the hospital where he was declared dead. Naresh Kumar, cousin of the deceased, reported the matter to the police alleging that respondent No. 1-Ramji Dass, while driving Truck No. HR-38-B-0415, hit the scooter on the rear side and caused the accident. On the basis of the information supplied by Naresh Kumar, FIR No. 120, dated 10.3.1999, for the offences punishable under Sections 279 and 304-A, IPC, was registered at Police Station, Basant Kunj, New Delhi.