- (1.) THE FACTS Sri Salamat Ali (the Claimant) was going on Motor-Cycle No. DL5S 2363 (the Motor-Cycle) from Moradabad to Delhi on 6.6.1998. At 14:00 hours, when he was at village Mohamoodpur, he was stopped by two unknown persons They asked him for petrol. The Claimant refused to give it. The assailants fired shots on the Claimant and took away his Motor-Cycle.
(2.) An FIR of the incident was also lodged at 14:55 hours on 6.6.1998. It was registered as case crime No. 282 of 1998, under Sections 394, 307 and 411 IPC Police Station Gajraula, District Jyotibaphule Nagar. In the FIR the names of the assailants were not mentioned, however during investigation they were identified as Shaukat alias Rais and Yashpal alias Satpal (Respondents 2 and 3) and charge-sheet was filed against them.
(3.) The Claimant filed claim petition No. 314 of 2001 under Motor Vehicle Act, 1988 (the Act). It was allowed by Motor Accident Claim Tribunal/Additional District Judge, Court No. 13, Ghaziabad (the Tribunal) on 3.1.2006. The Tribunal has recorded the following findings: (i) Two unknown persons injured the Claimant for looting the Motor-Cycle. This is covered by Section 166 of the Motor Vehicle Act, 1988 (the Act); (ii) The Claimant had the driving license; (iii) The disability of the Claimant is 100% and the Claimant is entitled to compensation under the following head: Rs. 1,58,370 for medical expenses; Rs. 3,45,500 for being deprived for future income; Rs. 50,000 for injuries, pain, depression and for being deprived for enjoying life: Thus, the Claimant is entitled to Rs. 5,54,070. (iv) The Oriental Insurance Company Ltd (the Company) that had insured the Motor-Cycle was liable to pay the compensation.;