ORIENTAL INSURANCE COMPANY LTD Vs. SUKHPAL SINGH

JUDGEMENT

(1.) On 15.06.2012, Mohd. Ikram (one of the respondents in these appeals), registered owner of car make Qualis bearing registration No.DL-3CV-0019 ('the car' hereinafter), was driving it in direction of village Hangoli, District Yamuna Nagar, Haryana from Delhi carrying along several persons, including Ravinder Kumar Puri, Sukhpal Singh, (first respondent in MAC APP.478/2015), Om Prakash (first respondent in MAC APP.480/2015) and Suraj Pal (first respondent in MAC APP.481/2015). The car had reached in the area of village Chakchan Pur More at about 12:15 p.m., where due to high speed, the said driver (Mohd. Ikram) lost control and the vehicle fell down from the slope into a ditch on the road side, This resulted in said Ravinder Kumar Puri, Sukhpal Singh, Om Prakash and Suraj Pal suffering injuries and the former (Ravinder Kumar Puri) died in the consequence. The widow and other members of the family of Ravinder Kumar Puri, dependent upon him, they being first to third respondents (in MAC APP.320/2016), besides one another instituted accident claim case (Suit No.75/2013) on 28.02.2013 impleading Mohd. Ikram as first respondent and Oriental Insurance Company Limited (appellant in these appeals) as the second respondent, it being the insurer of the car for the relevant period. The other three persons injured in the accident, i.e., Sukhpal Singh, Om Prakash and Suraj Pal, also instituted accident claim cases (Suit No.110-112/2013) on 02.04.2013 with similar array on the side of the respondents seeking compensation for injuries suffered.

(2.) The three cases wherein compensation was sought for injuries suffered were decided by common judgment of the Motor Accident Claims Tribunal (the tribunal), it being passed on 04.09.2014. The contention of the claimants about the accident having occurred due to negligent driving on the part of Mohd. Ikram was upheld and compensation was awarded in each case, the liability having been fastened against the insurer (now the appellant).

(3.) In the claim case on account of death of Ravinder Kumar Puri (Suit No.75/2013), the inquiry resulted in judgment dated 21.01.2016. Again, the plea of negligent driving of the car by Mohd. Ikram was upheld and compensation was awarded.