THAKURA DEVI Vs. NASEEM

JUDGEMENT

(1.) The award dated 22.03.2017 passed by the Motor Accident Claims Tribunal, Faridabad (for brevity 'the Tribunal') has been assailed in appeal by mother and brother of Jitender Kumar (deceased), seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act').

(2.) The driver, registered owner and insurer (i.e. New India Assurance Company Ltd.) of truck bearing registration No. HR-38-R-3445 (hereinafter referred to as 'offending vehicle') have been arrayed as respondents No.1 to 3 respectively in the appeal.

(3.) The factum of the accident is not disputed by the parties. A motor vehicular accident took place on 20.07.2016, the accident proved fatal for Jitender Kumar. The accident was result of rash and negligent driving of the offending vehicle. FIR No. 426, dated 21.07.2016 was registered at Police Station Mujessar. The driver, owner and insurer of the offending vehicle were held jointly and severally liable to pay the compensation.