MAMTESH Vs. SOMBIR

JUDGEMENT

(1.) The award dated 02.08.2013 passed by the Motor Accident Claims Tribunal, Karnal (for brevity 'the Tribunal') has been assailed by the legal representatives of Subhash (deceased), 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. Iffco Tokio General Insurance Company Ltd.) of dumper bearing registration No. HR-66- 3833 (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 the intervening night of 08/09.05.2012. The accident proved fatal for Subhash, aged 29 years. The accident was result of rash and negligent driving of the offending vehicle. The owner, driver and insurer of the offending vehicle were held jointly and severally liable to pay the compensation.