SANT LAL Vs. SURINDER KUMAR

JUDGEMENT

(1.) This order shall dispose of FAO Nos.2865 and 2866 of 2008, titled Sant Lal Vs. Surinder Kumar & Ors., and Vijay Kumar Vs. Surinder Kumar & Ors, respectively. Both these appeals have been filed by the appellants, challenging the joint award dated 14.12.2007 passed by the learned Motor Accident Claims Tribunal, Sirsa (for short the Tribunal). Claimants by way of these appeals seek enhancement of compensation for the injuries suffered by them in a motor vehicular accident.

(2.) Brief facts giving rise to the appeals are that on 24.9.2003 at about 8.30/9.00 PM after selling the milk in the village the appellants were coming back from Mithanpur side to Ellenabad on a motor cycle, driven by Vijay Kumar son of Devi Lal resident of Ellenabad, and Sant Lal was the pillion rider on this motor cycle. When they reached near R.K. Factory, Mohar Road, near Ellenabad a jeep bearing registration No.RJ-31C/1249 driven by respondent No.1 rashly and negligently came from the side of Ellenabad and by coming on the wrong side struck against the motor cycle from the front side. As a result of the accident both the claimants fell down and received serious injuries. Regarding the accident FIR No.274 dated 26.9.2003 under sections 279/336/337 IPC was registered against respondent No.1 in Police station Ellenabad.

(3.) Claim was contested by raising preliminary objections regarding maintainability, cause of action and it was also asserted that the claim petition was false and frivolous. It was denied that the accident had taken place due to rash and negligent driving by respondent No.1. It was alleged that fault was with the motor-cyclist.