1. The present Detailed Accident Report (hereafter “DAR”) was filed by the
investigating officer, HC Dipti Singh, in FIR number 463 dated 26.05.2021
lodged at police station Bindapur under Sections 279/337 of IPC regarding
injuries suffered by the petitioner, Ms. Geeta, in a road accident. The DAR was
treated as a claim petition under Section 166(4) of the M V Act, 1988 (hereafter
“M V Act”). The respondent no. 1, Sh. Shamshuddin Habib, is the driver and the
respondent no. 2, Mohd. Aiyaj Hussain, is the owner of the alleged offending
motorcycle bearing registration no. UP 81BW 1808. The respondent no. 3,
HDFC Ergo General Insurance Company Ltd., is the insurer of the said
motorcycle.
DAR
2. As per the claims made in the DAR, the petitioner is a resident of Mohan
Garden, Uttam Nagar and is employed as a cook in households situated at Kiran
Garden. On 26.05.2021, in the afternoon, after completing her work, the
petitioner was returning home from Kiran Garden via Uttam Nagar-Najafgarh
Road, accompanied by her brother, Sh. Kamlesh S/o Sh. Sugan Lal, on a
motorcycle bearing registration no. DL 4SCS 1865. The petitioner was seated as
a pillion rider while her brother was riding the motorcycle.
At about 2:30 p.m., when they reached near Metro Pillar no. 736, a yellow-
coloured motorcycle bearing registration no. UP 81BW 1808, being driven at a
high speed and in a rash and negligent manner, came from the wrong side and hit
their motorcycle. As a result, the petitioner and her brother fell down. The
petitioner sustained injuries to her left hand and right leg, while Sh. Kamlesh
suffered injuries to his hand and head. The driver of the offending motorcycle
MACT No. 100/2022 Geeta vs. Shamshuddin Habib & Ors. Page No. 2 of 31
fled from the spot.