Suit No.210 of 2005, was separately filed on behalf of Master Shashank Jain, son of the deceased, making a separate claim to companypensation on account of the death of his late father Mukesh Jain.
Both the matters were taken up together by the learned Tribunal which disposed of the same by a companymon Award dated 12th September, 2007.
Special Leave Petition Civil Nos.864 865 of 2010 were also filed by the Petitioner against National Insurance Company Ltd., Jatin and the heirs of Mukesh Jain, deceased.
For the sake of companyvenience, the facts have been taken from Special Leave Petition Civil No.8660 of 2009.
By the said Award, the Tribunal awarded a sum of 8,35,067/ in favour of the claimants together with interest 7 from the date of institution of the petition, namely, 17th August, 2004, till the date of realisation.
The claim of the Petitioner No.3 was settled at 24,900/ .
No suggestion was given to the said witness PW.8 that the accident did number take place on account of rash and negligent driving on the part of Jatin.
On the other hand, the Tribunal wrongly discarded the testimony of R1W1 and R1W2 as they were minors.
The High Court also relied on the evidence of PW.8, who has deposed in clear and in numberuncertain terms that the accident had occurred due to the rash and negligent driving of the motorcycle by Jatin.
Such deposition went unchallenged and became final.
It is against the said order of the learned Single Judge of the Delhi High Court and the order dated 26th September, 2008 dismissing Review Application No.333 of 2008, that the present Special Leave Petition has been filed.
Certain directions were also given in the Award for disbursement of the said amount.
The Delhi High Court held that Jatin was a minor on the date of the accident and was riding the motorcycle in violation of the provisions of the Motor Vehicles Act, 1988, and the Rules framed thereunder.
A claim was filed by the widow, two daughters and one son of the deceased before the Motor Accident Claims Tribunal, Karkardooma Courts, Delhi, on 17th August, 2004, being Suit No.209 of 2004.
DAI 1835, with his son, Shashank Jain, as pillion rider.
According to the prosecution story, when they had reached the SDMs Office, Geeta Colony, Delhi, a motorcycle, bearing registration No.
The main thrust of the submissions made on behalf of the Petitioner was that the deceased, Mukesh Jain, who was riding the two wheeler scooter, was, in fact, solely responsible for the accident.
On 18th July, 2004, at about 1.20 p.m. the deceased, Mukesh Jain, was riding his two wheeler scooter No.
DL 7S G 3282, being driven in a very rash and negligent manner, tried to overtake the scooter and in that process struck against the scooter with great force, as a result whereof the deceased and his son were thrown on to the road and the deceased succumbed to the fatal injuries sustained by him.
The said Award was challenged before the Delhi High Court in MAC APP No.697 of 2007, which disposed of the same on 10th December, 2007, by upholding the judgment of the Motor Accident Claims Tribunal.
The insurer was held liable to satisfy the Award and to recover the amount from the owner of the motorcycle.
ALTAMAS KABIR, J. Notice was issued in the Special Leave Petition Civil No.8660 of 2009 on 2nd April, 2009, companyfined to the question regarding the Petitioners liability by way of companytributory negligence in the accident which occurred on 18th July, 2004.
