1. This judgment shall decide the cross-appeals instituted by the appellants/parties herein under Section 173 of the Motor Vehicles Act, 19881, challenging the impugned judgment-cum-award dated 22.05.2017 passed by the learned Motor Accident Claims Tribunal, Tis Hazari Courts (West), Delhi2 in MACT No. 477382/20163 titled as „Harish Kumar Sukhija v. Ajay Singh & Ors.‟. FACTUAL BACKGROUND:

2. Briefly stated, Mr. Harish Kumar Sukhija, through his son Mr. Kunal Sukhija (hereinafter referred to as “claimant”) filed a claim petition seeking compensation under section 166 read with section 140 of the MV Act before the learned Tribunal after sustaining grievous injuries in a motor accident dated 30.03.2015 at 9.30AM. The accident occurred while the claimant was riding his motorcycle on the Delhi Jal Board Service Road, Paschim Vihar, Delhi when the driver of one parked black Santro car bearing No. DL-9CJ-4088 (hereinafter “the offending vehicle”) suddenly opened his gate at the same time when the claimant was passing through the right side of the offending vehicle. As a result, the claimant lost balance and control over his motorcycle and fell on the road due to which he sustain