2015 (3) ADR 793 ::(2015) 1 ACC 541 ::(2016) 2 ACJ 742 ::2015 AAC 1803 (DEL)

Delhi High Court

Hon'ble Judge(s): G. P. Mittal , J

( A ) Motor Vehicles Act (59 of 1988) S. 168 — Accident — Involvement of vehicle in accident — Death of deceased due to dash by Maruti car — Evidence by Head constable who was on duty on road where accident occurred that speed of car was 80 to 90 kms per hour — He was able to note number of offending vehicle which was mentioned in FIR that was recorded within three hours of accident — It can be said that offending vehicle Maruti car was involved in accident — Mere fact that the description of the car as mentioned in the FIR was of Indica is not of much consequence — Power of observation, retention and re-production of all persons is not alike especially when witness had concentrated more on number of vehicle — Finding on involvement of the vehicle and negligence reached by the Tribunal cannot be faulted — Moreso, when there was no enmity or motive for witness to falsely implicate vehicle in the accident. (Paras9)

( B ) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Assessment of — Compensation of Rs. 25,000/- towards loss of love and affection, Rs. 10, 000/- each towards loss of estate, and loss of consortium and Rs. 5,000/- towards funeral expenses is on the lower side — Compensation of Rs. 5,000/- awarded towards funeral expenses raised to Rs. 25, 000/- and a further notional sum of Rs. 10, 000/- is awarded towards loss of estate. Rs. 1,00,000 each is also awarded towards loss of love and affection and towards loss of consortium — Further, addition of future prospects was also improper in facts and circumstances. (Paras1214)