The main legal point established in the judgment is the determination of compensation in cases of negligence and contributory negligence under the Motor Vehicles Act, 1988, based on factors such as loss of dependency, future prospects, funeral expenses, loss of estate, medical expenses, and loss of consortium.

JUDGMENT :

GAURANG KANTH, J.

1. The present appeal emanates from the judgment dated 12.01.2015 (“Impugned Award”) passed by the learned Presiding Officer, Motor Accidents Claims Tribunal: Dwarka Courts: New Delhi in MACP No. 27/2013 titled as Smt. Sushila Devi and Ors. v. Sh. Sandeep Kumar and Ors. whereby the Petitioners/Claimants were awarded an amount of Rs.17,49,491/- as compensation with an interest @7.5% per annum, from the date of filing the petition, till realization is made by Respondent No.3/Insurance Company. Further a deduction of 20% was also made towards contributory negligence in the awarded amount. The Appellants by way of the present appeal are seeking enhancement of the compensation awarded by the learned Claims Tribunal.

FACTS GERMANE TO THE PRESENT APPEAL ARE HEREUNDER:

2. It is the case of the Appellants that on 22.07.2012, at around 8.10 PM, Sh. Subhash Chander (deceased) was driving a motorcycle bearing no. DL-9SJ- 5202 which collided with a DTC bus bearing no. DL-1P-B-5549 (“Offending Vehicle”). It is further the case of the Appellants that the offending vehicle was parked in the middle of the road without any signal or light indicator. The deceased before the collision with the offending vehicle had just crossed the underpass near Palam Airport and moved towards IOC red light, where the offending vehicle was standing in the middle of the road. As a result of collision, the deceased sustained fatal injuries and subsequently was taken to Mata Chanan Devi Hospital, Janakpuri, New Delhi. Pertinently, the injuries suffered by the deceased proved to be fatal and he expired on 23.07.2012.

3. Consequently, on 22.07.2012, an F.I.R. No. 173/2012 was registered with Police Station Delhi Cantt. under Sections 279 and 337 of IPC and a charge sheet was also filed under Sections 279 and 304-A of IPC against Respondent No.1.

4. Subsequently, the Appellants/Claimants preferred an application under Section 166 of the Motor Vehicles Act, 1988 (“the Act”) praying for compensation of Rs. 50,00,000/- (Fifty Lakhs Only) on various counts. It is pertinent to note here that at the time of the accident, Sh. Subhash Chander (deceased) as per his ration card Ex. PW1/3 was aged about 54 years. The deceased was employed as a Government Contractor within Delhi and National Capital Region.

5. Respondent No. 3 filed its written statement stating that the offending vehicle was insured in the name of Respondent No.2 vide Policy bearing no. 0411003111P113414635 valid from 03.03.2012 to 02.03.2013. Further, Respondent No.3 stated that the deceased was himself a tortfeasor and the alleged incident took place due to the sole negligence of the deceased.

6. In support of the claim petition, the Appellants/Claimants examined four witnesses. The Appellants examined Appellant No.1 as PW-l, Shri Sunil Kumar/PW-2 as eye witness, PW-3/Shri Vijay Kumar from the office of Executive Engineer, Delhi Aviation Division and PW-4 Shri Joginder Singh from the Income Tax Office. However, the Insurer/Respondent No.3 have not examined any witnesses.

7. Learned Claims Tribunal decided the issues in favour of the Claimants/Appellants by holding that they are entitled for a total compensation of Rs. 17,49,491/- with an interest @7.5% per annum, from the date of filing the petition, till its realization. Further a deduction of 20% towards contributory negligence was also made in the awarded amount. The compensation awarded by learned Claims Tribunal is mentioned as under:-