Hansi Devi & Ors v. Sarbhjeet Singh & Ors

V.B.GUPTA, J. rs

* HIGH COURT OF DELHI : NEW DELHI MAC App. No.492/2004 % Judgment reserved on: 23rd September, 2008 Judgment delivered on:3rd October, 2008 1. Smt. Hansi Devi W/o. Lt. Sh. Devinder Singh 2. Baby Radha Devi D/o. Late Sh. Devinder Singh 3. Master Jagdish S/o. Late Sh. Devinder Singh 4. Master Rahul S/o. Late Sh. Devinder Singh 5. Smt. Basanti Devi W/o. Late Shri Ishwar singh (Mother of Deceased Devinder Singh) (Appellants No.2 to 4 are minor daughter and sons of late Sh. Devinder Singh and are represented through the appellant No.1 being the mother and the legal and lawful natural guardian of the said minor appellants). (All residents of Village Dhania Kott (Tala Kot) Post Office Dhania Kott, Distt. Nainital (Uttranchal) and Also at: K-4/3D, West Ghonda, Gali No.8, Delhi-110053 ….Appellants Through: Rajeev Saxena, Adv. Versus 1. Shri. Sarbhjeet Singh S/o. Mukhtiar Singh R/o. Vill. Takhtu Pura, Police Station Nihal singh Wala Distt. Mogha, Punjab. 2. Shri Jagroop Singh S/o. Shri Bachan Singh R/o. 315/3, Ram Nagar, Ambala City, Haryana. 3. National Insurance Company Ltd. 2E/9, Jhandewalan Extn., Karol Bagh, New Delhi-110005 …Respondents. Through: Mr. A.K. Soni, Adv. for R-3 Coram: HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes V.B.Gupta, J. Present appeal has been filed by the appellants, who are claimants in this case under Section 173 of the Motor Vehicles Act, 1988 (for short as the "Act"), seeking enhancement of the compensation awarded in this case vide judgment dated 11th August, 2004, passed by Sh. M.L. Mehta, Judge, MACT (for short as "Tribunal"), Delhi. 2. Brief facts of this case are that on 10th May, 2001, at about 9.10 p.m., at main Wazirabad Road, near Sur Ghat police booth, deceased Devinder Singh along with his friend Goverdhan Singh was going as a pillion rider on the bicycle. When they reached near police booth on main Wazirabad Road towards Yamuna Bridge and were on the left side of the road, a truck bearing No.HR-37-3268 being driven by respondent No.1, Sarabhjeet Singh in a very rash and negligent manner and at a high speed, came from behind and struck their bicycle. The deceased was crushed by the truck and was taken to trauma centre, where he expired. 3. The said truck was driven by respondent No.1 with the permission, consent and under the employment and supervision of respondent No.2/Jagroop Singh. The truck was insured with respondent No.3/National Insurance Company. 4. The appellants claimed compensation amounting to Rs.20 lacs on account of loss of income, love, affection and security etc. 5. Respondents No.1 and 2 filed joint written statement pleading that deceased has died due to his own negligence by coming in contact with the left side of rear wheel of the trailor, which the respondent No.1 was driving. As a matter of fact, the deceased was pillion rider at a cycle and due to a speed breaker, the cyclist lost his balance and pillion rider fell on the right side of the cycle and on the left side of the trailor and because of losing the balance, the pillion rider came in contact with the rear wheel of the trailor for which the respondents cannot be held liable under any circumstances and thus there was no negligence on the part of respondent No.1. 6. Respondent No.3, the Insurance Company in its written statement has admitted that the offending vehicle was insured with it in the name of respondent No.2. However, it is stated that driver of the alleged offending vehicle was not holding a valid and effective driving licence and as such the liability cannot be fastened to this respondent. 7. Vide impugned judgment, the Tribunal awarded a compensation of Rs.3,09,400/- with interest @ 6% for a period of two years. 8. It has been contended by the counsel for the appellants that the Tribunal has failed to assess the correct income of the dece