N. V. RAMANA, S. ABDUL NAZEER, SURYA KANT
Kirti – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
JUDGMENT :
SURYA KANT, J.
1. Leave Granted.
2. These civil appeals, which have been heard through video conferencing, have been filed by three surviving dependents (who are two minor daughters and father) of the two deceased, impugning the judgment dated 17.07.2017 of the High Court of Delhi through which the motor accident compensation of Rs. 40.71 lakhs awarded by the Motor Accident Claims Tribunal, Rohini (hereinafter “Tribunal”) on 24.12.2016 under Section 168 of the Motor Vehicle Act, 1988 (“MV Act”) was reduced to Rs. 22 lakhs.
FACTUAL MATRIX
3. The deceased couple, Vinod and Poonam, while commuting on a motorcycle in Delhi at around 7 A.M. on 12.04.2014 were hit at an intersection by a Santro Car bearing registration DL-7CA-1053. The impact immediately incapacitated both the deceased and they soon passed away from cranio-cerebral damage and haemorrhagic shock caused by the accident’s blunt-force trauma.
4. An FIR was registered under Sections 279 and 304 of the Indian Penal Code, 1860 (hereinafter “IPC”) against the driver, and the statement of an independent eyewitness (Const
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