SUNIL TIWARI Vs. RAJDEEP HAZARIKA

JUDGEMENT

(1.) The award dtd. 7/5/2015, passed by the Motor Accident Claims Tribunal, Gurgaon (for brevity, 'the Tribunal') has been assailed by the claimant seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short, 'the Act').

(2.) The brief facts necessary for adjudication of the present appeal are that on 13/1/2014, the appellant was going on a motorcycle bearing registration No. DL-3S-AT-4788. When he reached near Boom Plaza Petrol Pump T-Point of block-A of Sector 56, Gurgaon, the motorcycle was hit by a rashly and negligently driven car bearing registration No. HR-26AV-7233 (hereinafter referred to as 'the offending vehicle'). As a result of the impact, the appellant sustained injuries and was taken to Anand Hospital, Gurgaon.

(3.) A claim petition under Sec. 166 of the Act was filed. The Tribunal, after considering the facts and appreciating the evidence adduced, held that the accident was caused due to the rash and negligent driving of the offending vehicle. The owner-cum-driver and insurer of the offending vehicle were held jointly and severally liable to pay compensation. The Tribunal awarded a sum of Rs.3,87,099.00 along with interest @ 9% per annum. The details of the amounts awarded are as under: