The court upheld the Tribunal's finding on the negligence aspect and the quantum of compensation granted based on the evidence presented.

1. The above captioned four appeals relate to a vehicular accident which took place on 26th June, 2011, in which respondents-Injured had sustained injuries. Vide common Award of 23rd December, 2016, compensation has been granted to the respondents-Injured by the Motor Accident Claims Tribunal (hereinafter referred to as ‘the Tribunal’).

2. With the consent of learned counsel for the parties, the above captioned four appeals have been heard together and are being decided by this common judgment.

3. In the above captioned first appeal, the challenge is to impugned Award, vide which the Tribunal has granted compensation of Rs.3,60,000/- with interest @ 9% to respondent/Injured-Nirmala on account of grievous injury sustained by her in this vehicular accident. In the above captioned second appeal, the challenge is to grant of compensation of Rs.3,00,000/- with interest @ 9% p.a. to respondent/Injured-Master Deepak on account of the injuries sustained by him in this accident. The above captioned third appeal questions impugned Award vide which compensation of Rs.7,60,223/- with interest @ 9% p.a. has been granted to respondent/ Injured-Ramesh on account of injuries sustained by him in this vehicular accident. In the above captioned fourth appeal, the challenge is to grant compensation of Rs.21,06,765/- with interest @ 9% p.a. to injured-Sanjay.

4. The factual background of these appeals, as noticed in the impugned Award, is as under :-

“On 26.06.2011 at about 7:30 am, the petitioners namely Sanjay Sharma, Laxmi, Nirmala Devi, Pawan, Ramesh Chand Sharma, Master Deepak and Jyoit had been going to Aligarh from Shahadara on their maruti car bearing no. DL6CF4205, which was driven by petitioner namely Sanjay Sharma. When they reached near Shivam Nursing Home, about ½ km from PS Dadri, Distt. Gautam Budh Nagar, Delhi, all of a sudden the offending roadways bus bearing no. UP 81AA 9788 of Hathras Depot which was being driven by respondent no. 1 at a very high speed, in a rash and negligent manner, came from front side and hit the car of the injured persons. As a result of which petitioners had received injuries. Petitioners were taken to Shivam Nursing Home. Thereafater, petitioner namely Sanjay Sharma was referred to Yashoda Hospital and other petitioners were referred to GTB Hospital. The FIR No. 238/11/u/sec 279/338/427 IPC was also registered at PS Dadri, Gautam Budh Nagar, UP in this respect.”

5. To render the impugned Award, learned Motor Accident Claims Tribunal (hereinafter referred to as the “Tribunal”) has relied upon evidence of Injured persons and the other evidence on record. On the strength of evidence recorded, impugned Award has been rendered. The breakup of compensation awarded by Tribunal to Injured-Nirmala is as under:-

6. The Tribunal has granted lump sum compensation at Rs.3,00,000/- to Injured-Master Deepak, aged 9 years. The breakup of compensation awarded by Tribunal to Injured-Ramesh is as under:-      

7. The breakup of compensation awarded by Tribunal to Injured-Sanjay Sharma is as under:-