Judgement of the day

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL DELHI

(APPLICATION UNDER SECTION 166 AND 140 OF THE MOTOR VEHICLE ACT 1988 FOR GRANT OF COMPENSATION


This case between Md Shamim Vs Ravinder Kumar Petition No. 128/2009 and F.I.R No 24/09

The Brief facts as stated in the petion are that on 15.03.09 the injured was going on foot towards

Gulabi Bagh From Ajad Market. At about 5.20 pm when he reached at road no. 40 near metro

pillar no. 118 Gulabi Bagh, Suddenly a Wagaon R Car bearing No DL1C I 3611 being driven at a

high speed and in a rash and negligent manner by respondent no.1 come from azad market side

and hit the injured with a great force. Due to the forceful impact, the injured fell down on the

road and sustained grievous injuries on his body, The injured was removed to Bara Hindu Rao

Hospital, where he was found to have sustained grievous injuries vide MLC bearing no. 1831/09

A case bearing FiR no, 24/09 was registered at ps Gulabi bagh Delhi U/S 279/338 IPC Against

Respondent no.1

Complainant was 25 year old he earning 11000/- pm and vehicle is insured.

Written Statement given by respondent cousel

and he told to court complaint has intoxicated the time of accident


Issues were Framed by the Predecessor of the Court

1. Whether the petitioner sustained injuries in an accident on 15.3.10 at about 5.20 pm due to

rash and negligent driving of wagon r Car bearing no DL1C L-3611 by respondent no.1

2.So petitioner is entitled to get any compensation ? is so to wat amount and from whom?

3. Relief.

Hon'ble Heared and Passed the awarded

1. Medical Expenses & Treatment Rs. 01000/-

2. Pain & Sufferings Rs 25000/-

3. Loss of income Rs 8000/-

4. Attendant CargesRs 04000/-

5. Conveyance Rs 02000/-

6. Special Diet Rs 02000/-

Hence, The petitioner is awarded a total compensation of Rs. 42,000/- The

Petitioner shall also be entitled to the interest upon the total amount @ 7.5 % Perusal of the

record shows that the interest on the award was stopped wide order dated 13.10-2009 of this

Court wef 08.09.2009 till conclusion of PE. Therefore petitioner shall be awarded the interest @

7.5% from the date of institution of the petition i.e. 17.042009 till 7.09.2009 and theragter, from

30.11.2009 till realization.


Liability:- R-1 driver of the offending vehicle and R-2 the owner of the offending

vehicle at the time of accident are joint tort feasors and hence, jointly and

severally liable to .pay the compensation amout to the petitioner while R-3,

Future General India Insurance Company Ltd being the insurer of the offending

vehicle is liable to indemnity R-2

Relief:-

In View of my findings on issue no.1 and 2 above, I award a total compensation of Rs 42,000/- to

the petitioner. The Petitioner shall be awarded the interest @ 7.5 % from the date of institution

of the petition i.e. 17.04.09 till 07.09.2009 and thereafter, from 30.11.2009 till realization.

R-3, Future General India Insurance Company Ltd. is directed to deposit the amount of

compensation awarded to the petitioner by way of a crossed cheque with the Tribunal within 30

days form today.

File be consigned to the Record Room.

Announced in open Court

Today i.e. on 15.02.2010

(Seema Maini)

Judge/MACT Delhi