NEW INDIA ASSURANCE CO LTD Vs. PARTAP SINGH

JUDGEMENT

(1.) By this judgment I dispose of two F.A.O. Nos. 1524 of 1997 New India Assurance Co. Ltd. v. Partap Singh and 1558 of 1997 Partap Singh v. Nazir, as both these appeals can be disposed of by one judgment. Facts are being taken from F.A.O. No. 1524 of 1997.

(2.) Some facts can be noticed in the following manner: In the F.A.O. No. 1524 of 1997 filed by the insurance company, the appellants have prayed for the reduction in the amount of award whereas in F.A.O. No. 1558 of 1997 the appellants have prayed for the enhancement of the compensation of Rs. 4,20,000 which was awarded by the Tribunal.

(3.) The brief facts of the case are that Partap Singh and his wife Vidhya Rani, the parents of deceased Dinesh Kumar, filed a petition under section 166 of the Motor Vehicles Act against Nazir Singh, driver, Surinder Pal Singh, owner of truck No. DIL 836 and the New India Assurance Co. Ltd. The accident took place on 10.11.93. Deceased Dinesh Kumar was going from Gurgaon to Palwal while driving scooter No. HR 30-6993 and his brother Deepak Kumar was sitting on the pillion seat of the scooter. At about 5 p.m. Dinesh Kumar crossed bus-stop of village Gha-mroj and was driving his scooter on the correct left hand side of the road. In the meanwhile truck No. DIL 836 driven rashly and negligently by Nazir Singh respondent came from Sohna side and hit the scooter from front side. As a result of the accident Dinesh Kumar suffered serious and multiple injuries. His brother Deepak Kumar also sustained few minor injuries. Dinesh Kumar was firstly taken to Civil Hospital, Sohna and since his condition was serious, he was shifted to Escort Hospital, Faridabad and thereafter to Holy Family Hospital, New Delhi where he died on 14.11.93. According to the claimants the deceased was holding a Diploma in Civil Engineering issued by State Board of Technical Education, Haryana. The deceased was a B-Class contractor earning Rs. 10,000 to Rs. 12,000 per month and he was paying income tax. It was further pleaded by the claimants that the deceased remained admitted in the hospital from 10.11.1993 till his death on 14.11.1993 and a sum of Rs. 30,000 was spent on his treatment during the said period in addition to transport expenses of Rs. 10,000. The scooter was damaged badly in the accident in question and Rs. 8,000 was spent on the repair thereof. The claimants claimed Rs. 20,00,000 as compensation.