SAMINA AND ORS. Vs. RATTI KHAN AND ORS.

JUDGEMENT

(1.) The legal heirs of Jaan Mohd. (deceased) are in appeal against the award dtd. 3/2/2014 passed by the Motor Accident Claims Tribunal, Nuh (for brevity 'the Tribunal') seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act') Appellants are widow, one major son and three minor children of the deceased. The owner and insurer (i.e. Royal Sundaram General Insurance Co. Ltd.) of the vehicle bearing registration No. RJ-02-06 Temp. 7796 (hereinafter referred to as the 'offending vehicle') have been arrayed as respondents no. 1 and 3 respectively in the appeal.

(2.) The brief facts necessary for adjudication of the present appeal are that on 13/1/2013, Jaan Mohd. alongwith Rehmat and Rahish hired the offending vehicle for carrying five bags of wheat to his village Singar from village Koat. Jaan Mohd. took a seat in the cabin of the offending vehicle. The said vehicle was being driven in a rash and negligent manner. When they reached near village Fardari the offending vehicle turned turtle, due to the negligent driving of the driver of the offending vehicle. Jaan Mohd. suffered multiple grievous injuries and was taken to Ram Manohar Lohia Hospital, Delhi, where he succumbed to the injuries sustained in the accident. FIR was lodged on 17/1/2013 (wrongly mentioned in award as 17/1/2012).

(3.) A claim petition under Sec. 166 of the Act was filed. The Tribunal after considering the facts and on appreciating the evidence adduced, held that the accident was caused due to the rash and negligent driving of the offending vehicle. The insurer of the offending vehicle was held primarily liable to pay the compensation but recovery rights were given to recover the amount of compensation from the owner of the offending vehicle.