GEETA Vs. RAVINDER KUMAR

JUDGEMENT

(1.) The award dated 09.02.2017 passed by the Motor Accident Claims Tribunal, Gurugram [for brevity 'the Tribunal'] has been assailed by parents of Sanchit Kataria seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act'].

(2.) The driver, owner and insurer (i.e. Oriental Insurance Company Ltd.) of Canter bearing registration No. HR-64-7653 [hereinafter referred to as 'offending vehicle'] have been arrayed as respondents No.1 to 3. The owner and insurer (i.e. TATA AIG General Insurance Company Ltd.) of Car bearing registration No. HR-26CC-2765 [hereinafter referred to as 'Car'] are respondents No.4 and 5.

(3.) The brief facts necessary for adjudication of the present appeal are that on 20.12.2014, Sanchit Kataria alongwith Love Sharma, Sanjay, Ashish and Sukhbir was going from Gurgaon to Simla in Car, the same was being driven by Ashish. At about 4:00 A.M., when they reached near Jharmadi Barrier, the Car struck the offending vehicle which was parked in the middle of the road without parking lights and without any signals. As a result of the impact, Sanchit Kataria sustained injuries and died on the way to the hospital. FIR No. 261, dated 21.12.2014 was registered at Police Station Lalru, District S.A.S. Nagar.