1. Abdul Jabbar suffered injuries in a motor vehicular accident that occurred on 05.10.2005, and died in the consequence, it becoming subject matter of investigation by the police through first information report no.416/05 of PS Khajoori Khas registered on the statement of a eye witness Kuldeep Kumar and observations of the scene of the occurrence by the investigating police officer and attendant circumstances. The respondents instituted accident claim case (MACT suit no.499/05) on 21.11.2005 impleading the appellant herein as the respondent on the averment that he was the driver-cum-owner of the two wheeler scooter bearing registration no.DL-5SE-0203 which was involved in the accident, it having occurred due to negligent driving by him. The scooter admittedly was not insured against third party risk for the period in question. The appellant admitted being driver and owner of the scooter but denied any involvement of the scooter in the accident or negligence on his part, the position taken by him being the accident had been caused by some other vehicle which was moving ahead of him.

2. The Motor Accident Claims Tribunal (Tribunal), by judgment dated 07.09.2009, accepted th