NEW INDIA ASSURANCE COMPANY LTD. Vs. RAM RATI

JUDGEMENT

(1.) The award dtd. 20/3/2014 passed by the Motor Accident Claims Tribunal, Kaithal [for brevity 'the Tribunal'] has been assailed by filing two cross appeals. One by the insurer of vehicle bearing registration No. HR-38H-9482 [hereinafter referred to as 'offending vehicle'] and another by parents of Rati Dutt (deceased). The issue involved in both the appeals is with regard to quantum of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act']. Since both the appeals arise from same accident and one award, these are being disposed of by a common order.

(2.) The parents of Rati Dutt were claimants and owner, driver and insurer of the offending vehicle were respondents before the Tribunal.

(3.) The facts emanating from the record are that on 27/9/2011 at about 05:15 P.M., the offending vehicle was parked in TVS Godown, Prince Hotel, situated on Rathiwas Cut on National Highway No. 8. After some time, the offending vehicle was reversed, Rati Dutt who was getting the offending vehicle reversed, got entagled between vehicle No. HR-038H-2322 and the offending vehicle. As a result he sustained injuries and was taken to General Hospital, Gurgaon where he was declared dead. FIR No.180, dtd. 28/9/2011 was registered against driver of the offending vehicle.