Shatrudhan Singh & Ors v. Devi Lal Mahota & Ors

V.B.GUPTA, J. Bisht

* HIGH COURT OF DELHI : NEW DELHI MAC App. No.340 of 2008 % Judgment reserved on: 28th July, 2008 Judgment delivered on:5th August, 2008 1.Shatrudhan Singh S/o Sh.R.K. Singh R/o 1362, Ansari Nagar, AIIMS Campus, New Delhi-110029. 2.Usha Devi W/o Shatrudhan Singh R/o 1362, Ansari Nagar, AIIMS Campus, New Delhi-110029. ….Appellants Through: Mr.RakeshKhanna, Sr.Adv. with Mr.Jinendra Jain & Ms.Faizy Ahmed Syed, Adv. Versus 1.Devi Lal Mahota aged 28 years S/o Sh.Dubar Mahota Husband of Late Smt.Devanti Devi 2. Rani aged 5 years D/o Sh.Devi Lal Mahota D/o Late Smt.Devanti Devi (Through her father Respondent No.1, Natural Guardian) 3. Master Chotu @ Sonu S/oSh.Devi Lal Mahota S/o Late Smt. Devanti Devi (Through her father Respondent No.1, Natural Guardian) All resident of: Present address: P-73, Old Pilanji, Sarojini Nagar, New Elhi. Permanent address: Village: Bhagodar, P.O.Dhumri, Distt. Gaya, PS Fatehpur, Bihar. …Respondents. Through: Mr.Ayush Gupta, Adv. 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. The present appeal under section 173 of the Motor Vehicles Act,1988 (for short as the "Act") has been filed by the Appellant against the interim award passed by Ms. Sukhvinder Kaur, Presiding Officer, Motor Accident Claims Tribunal, New Delhi dated 30.11.07 & 16.02.08. 2. It is stated by the Appellant that Respondent No. 1 to 3 had filed the claim petition before the Tribunal alleging that on 09.02.07 the deceased was standing along with her husband near Delhi Haat. One Maruti Van no. DDA 8487 was coming from the direction of AIIMS Hospital and was going towards Safdarjung Airport direction. At about 7.30 a.m. on 09.02.07 the Maruti Van being driven by Appellant No.1 (herein) came from the side of AIIMS Hospital in a rash and negligent manner at a very fast speed and hit Smt. Devanti Devi, the deceased and caused the accident. The deceased was immediately taken to the AIIMS Hospital in very serious and critical condition where she was given all the best and required medical attention but unfortunately she expired on 11.2.07. 3. Vide the order dated 30.11.07, the Tribunal passed an interim award under section 140 of the Act for Rs.50,000/- with interest @ 9% per annum in favour of the claimants and Appellant No.2. 4. Being dissatisfied with this order, Appellants filed an application for review of the above said order. 5. No reply to the application was filed by the Respondents but their Counsel addressed the arguments. 6. Vide order dated 16.02.08, the Tribunal dismissed the said application. 7. It has been contended by the Ld. Counsel for the Appellant that neither accident was caused by the Appellant no.1 nor Maruti car bearing no. DDA 8487 owned by the Appellant no.2 was ever involved in the alleged accident. Appellant No.1 was on duty at the time of accident and attendance register is a public document. Further, it is clear from the letter of the SHO & I.O. P.S. Kotla Mubarakpur, dated 22.03.07 that death was not caused due to the alleged accident dated 09.02.07 and in fact death was caused due to the accident took place on 11.02.07 by some other cause. 8. On the other hand, Learned Counsel for the Respondents has contended that as per F.I.R. the involvement of the vehicle in question is there and the Court has to pass the interim order, after prima facie, satisfying about the involvement of the vehicle. 9. Section 140 of the Act provides for liability to pay compensation in certain cases on the principle on no fault. 10. It read as under; "140. Liability to pay compensation in certain cases on the principle of no fault.- (1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehic