SITA RAM Vs. CHANAN SINGH

JUDGEMENT

(1.) THESE three Appeals (FAO 200/2001, FAO 201/2001 and FAO 204/2001) arise out of a judgment dated 16.12.2000 whereby five Claim Petitions bearing Suit No.518/95, 549/95, 550/95, 554/95 and 555/95 were decided. These Appeals emanate from Suit No.518/95, 549/95 and 555/95.

(2.) ON 13.05.1995 at about 3:00 A.M., the deceased (Deepak Mittal) was ferrying his wife Rashmi, his sister-in-law Ruchika (wife's sister), his son Master Vishesh Mittal and his brother-in- law Rajesh in his motor car to Vaishno Devi. According to the Appellants, the Maruti car was being driven at a normal speed and had reached near Rajpura when a truck No.DL-1G-1033 being driven in a rash and negligent manner came from the opposite side and hit the car. The car along with its occupants was dragged to a considerable distance. All the occupants suffered serious injuries which proved fatal in case of Ms. Ruchika and Deepak Mittal. Appellant Rajesh suffered serious multiple injuries on his body including fracture of his right leg. It was claimed that the injured Rajesh was operated upon in Sunder Lal Jain Hospital and a rod was inserted to give support to the bone.

(3.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the truck by the First Respondent (Chanan Singh). In the absence of any Appeal by the driver, owner or the insurer (United India Insurance Company Limited), the finding on negligence has become final between the parties.