The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, and the liability of the insurer and the insured.

JUDGMENT

Gaurang Kanth, J.

1. In MAC.APP. 925/2014, the Insurance Company and in MAC.APP. 447/2015, the owner of the offending vehicle, are assailing the Award dated 13.08.2014 passed by the Court of Sh. S.C. Malik, Judge, Motor Accident Claims Tribunal, (Central- District), Delhi ("Claims Tribunal") in Suit No. 77/2011 titled as Sh. Surendra Singh Anand v. Smt. Gurvinder Kaur & Ors. ("Impugned Award"), whereby the learned Claims Tribunal awarded an amount of Rs. 33,75,000/- as compensation to the Claimants with an interest @ 9% per annum, from the date of filing the petition, i.e. 07.02.2011, till its realization. Both the Insurer and the Insured (Owner) vide both the appeals are seeking the dismissal of the Impugned Award.

2. The facts germane to both the appeals as noted by the learned Tribunal are hereunder:

"2. Brief facts of this case giving rise to the present claim petition are that as on 18.06.2009 deceased Sh. Amarpreet Singh was coming from Sector 7. Faridabad, Haryana to his house along with his two friends namely Pankaj Yadav and Ishan Bhutani on his Bajaj Discover motorcycle bearing registration No.HR 51 V8639. `When they reached near Prompt Company in front of Shri Ganesh Dharam Kanta, Sector-4, Faridabad. Haryana, then the driver of the offending Tata Trolla vehicle bearing registration No.HR 38 N8483 who was reversing his vehicle without any indication in a rash and negligent manner hit the motorcycle of the deceased. As a result thereof all the occupants of the motorcycle fell down on the road and deceased Sh. Amarpreet Singh was crushed under the rear wheels of the offending vehicle. He was rushed to Sarvoday Hospital. Sector-8, Faridabad, Haryana, where during his treatment he died on 19.06.2009. FIR No.227/2009 dated 19.06.2009 U/s 227,337,304-A IPC was registered at Police Station Sector-7, Faridabad Haryana."

3. Subsequently, the Claimants preferred an application under Sections 166 and 144 of the Motor Vehicles Act, 1988 ("Act") praying for a compensation of Rs. 2,00,000,000/- (Two Crores only) on various counts before the learned Claims Tribunal. It is pertinent to note here that at the time of accident, Sh. Amarpreet Singh/deceased was aged 21 years (D.O.B 17.06.1988). The deceased was doing his Engineering Course (B-tech third year) in Electronics & Instrumentation from Manav Rachna College of Engineering.

4. The Driver and Owner of the offending vehicle did not contest the case and were proceeded ex-parte vide order dated 11.07.2011. Pertinently, the Claim petition was contested by the Insurer of the offending vehicle.

5. The Insurer in its written statement stated that the accident took place because of the rash and negligent driving by the deceased/Amarpreet Singh. It was further stated by the Insurer that the amount claimed by the Claimants was highly exorbitant, unjust and unfair. Pertinently, it was admitted by the Insurer that the offending vehicle bearing registration No.HR 38 N8483 was insured with them vide policy No. 361100/31/08/6700004708 w.e.f. 07.01.2009 to 06.01.2010 in the name of the owner - M/s Lauls Ltd. clearly covering the date of accident.

6. Vide order dated 11.07.2011, following issues were framed by the learned Claims Tribunal for adjudication:

"(i) Whether the deceased Shri Amarpreet Singh had died due to the injuries sustained by him in an accident which took place on 18.06.2009 because of rash and negligent driving of vehicle bearing registration No.HR 38 N8483 by Respondent No. 1?

(ii) Whether the petitioners are entitled to any compensation, if so, to what amount and from whom?

(iii) Relief."

7. In support of the Claim Petition, the Claimants have examined three witnesses namely Sh. Surendra Singh Anand as PW-1, Sh. Angel Roy as PW-2 and Sh. Ram Nivas as PW-3.

8. The Insurer examined two witnesses i.e Ms. Rachna, Administrative Officer of the National Insurance Company Ltd. as R3W1 and Sh. Bharat Saraswat, Junior Assistant from the Office of RTO, Agra, Uttar Pradesh