The liability for compensation in vehicular accidents arises from negligence, assessed against statutory requirements for vehicle permits.

Judgment

Mr. Vikram Aggarwal, J. :-

CM-10133-CII-2023

Prayer in the present application is for condonation of delay of 240 days in filing the present appeal. For the reasons mentioned in the application, which is duly supported by an affidavit of Director/Proprietor of M/s Agro Engineering Works, the same is allowed and the delay of 240 days in filing the appeal is condoned.

FAO-2816-2023

1. The present appeal lays challenge to the award dated 26.04.2022 passed by the Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as the ‘MACT’) vide which the claim petition filed by the respondents No.2 to 6 (hereinafter referred to as the ‘claimants’) for the grant of compensation of Rs. 3,00,00,000/- on account of the death of one Rohit Sahal in a motor vehicular accident which took place on 30.03.2018 was partly allowed and the compensation of Rs. 1,86,38,000/- alongwith interest @ 9% per annum was granted.

2. Since the vehicle was found to be plying without a valid route permit, the liability of paying the awarded amount was held to be that of the present appellants. However, the insurance company (respondent No.1) was directed to satisfy the award in the first instance and a right was given to the insurance company to recover the awarded amount from the present appellants alongwith interest @ 6% per annum,

3. The case set up by the claimants was that Rohit Sahal, who was 35 years old at the relevant time and was employed as a Manager in M/s RBS Services India Private Limited, Gurugram, alongwith his brother Ashish Sahal went on 30.03.2018 at about 5:00 pm to meet his friend in Sector 86, Greater Faridabad. While on his way back, he was accompanied by his friend Vikas Kathuria. He was travelling in Wagon-R Car bearing registration No. HR29-AM-4883 and his brother Ashish Sahal was following them in a separate vehicle. It was averred that Rohit Sahal was driving his vehicle at a moderate speed on the correct side of the road. At about 12:15 am, on the intervening night of 30.03.2018 and 31.03.2018, when the duo reached near Escorts Plant, Sector 12, Faridabad, a vehicle make Tata 407 bearing registration No.HR38-M-5468 (hereinafter referred to as the ‘offending vehicle’) which was being driven by appellant No.2 in a rash and negligent manner came to the wrong side and struck against the Wagon-R car. The car also got damaged and both Rohit Sahal and Vikas Kathuria suffered injuries. They were taken initially to Park Hospital. Keeping in view the serious condition of Rohit Sahal, he was taken to B.K. Hospital where he was declared dead. On the statement of Ashish Sahal, FIR No.343 dated 31.03.2018 was registered under Sections 279 , 337 and 304-A IPC at Police Station Central Faridabad. It was the case of the claimants that the accident, as a result of which Rohit Sahal had expired, had taken place on account of the rash and negligent driving of the offending vehicle by respondent No.1.

4. Rohit Sahal was stated to be drawing a salary and other perks amounting to Rs. 1,10,000/- per month which, as per them were likely to be increased to Rs. 1,50,000/- per month. The claimants were the widow, two minor daughters and parents of Rohit Sahal.

5. In the joint written statement filed by the appellants, certain preliminary objections with regard to maintainability, cause of action, locus standi, mis-joinder and non-joinder of necessary parties were raised. On merits, all averments including the factum of the accident were denied. It was averred that the driver of the offending vehicle was holding a valid and effective driving license and in the event of a finding being returned that the accident had take