ANITA Vs. JAIPAL SINGH

JUDGEMENT

(1.) Heard Sri Nigamendra Shukla, learned counsel for the claimants/appellants in First Appeal From Order No. 2801 or 2007, Sri K.S. Amist, learned counsel for the respondents, Sri K.S. Amist, learned counsel for the claimants-appellants and Sri Nigamendra Shukla, learned counsel for the respondents in the connected appeals.

(2.) All the present four appeals arises out of the same accident and as such they are being disposed off by means of common judgement. The FAFO Nos. 2911 of 2007, 2912 of 2007 and 3007 of 2007 have been filed by the Insurance Company challenging the awards passed by the Motor Accident Claim Tribunal in three claim petitions being Claim Petitions No. 02 of 2003, 03 of 2003 and 08 of 2003. The FAFO No. 2801 of 2007 has been filed by the claimants-appellants seeking enhancement of the award passed by the Motor Accident Claim Tribunal in Claim Petition No. 03 of 2003. For the sake of convenience, the facts are being narrated from the Award dated 18.7.2007 passed by the Motor Accident Claim Tribunal/Special Judge (SC/ST) Act, Bulandshahar in Motor Accident Claim Petition No. 03 of 2003.

(3.) The Motor Accident Claim Petition No. 03 of 2003 was filed by the claimants, being the dependents of the deceased Rajendra Singh claiming compensation under section 166 of the Motor Vehicle Act. The submissions in brief made in the claim petition, filed on 09.11.2002,were that three persons, namely, Rajendra Singh, Sunil Kumar and Nigam alias Gullu, who were going on their motorcycle Hero Honda No. H.R. 30-2520, when the motorcycle reached at Bulandshahar, Gulawati Road, situated at Police Chauki near Yadav Hotel about 11.00 A.M. in the morning, a Vehicle bearing No. U.P. 81-C 3949 coming from Bulandshahar, suddenly, turned towards the right on the pavement and hit the motorcycle which resulted into grievous injuries to all the three persons. In the said accident, Rajendra Singh and Nigam alias Gullu died on the spot whereas Sunil Kumar was taken in a serious condition to the Government Hospital, Bulandshahar where he was referred to All India Institute of Medical Sciences, New Delhi where he, unfortunately, died on the next day i.e. 10.11.2002. In the said claim petition, it was alleged that the accident occurred on account of rash and negligent driving of Vehicle No. U.P. 81-C 3949. It was also stated that the FIR, with regard to the said accident, was registered as Case Crime No. 420 of 2002, under sections 279, 338, 304-A and 427 IPC.