SANTOSH Vs. SEPOY SIRI PAL SAINI

JUDGEMENT

(1.) These are two FAOs bearing No.4450 of 2010 and FAO No.5453 of 2010 arising out of the impugned award dated 22.02.2010 vide which the claim petitions were dismissed. However, in the claim petition No.4450 of 2010, the learned Tribunal awarded a sum of Rs.50,000/- awarded under no fault liability.

(2.) Initially, the legals heirs of Ramesh Kumar filed two claim petitions bearing MACT No.109, and MACT No.04 on account of his death as well as damage to his motor cycle. Both these claim petitions were consolidated vide order date 18.05.2009.

(3.) The facts as unfolded from the petition are that on 04.11.2008, the deceased Ramesh Kumar was going from his house on his motorcycle bearing No.HR01-T/ 9233 and the eye witness Mangat Ram / brother of the deceased was following on his motor cycle bearing No.HR01-T/4306 . Despite the fact that the motor cycle was being driven at a moderate speed by the deceased but the respondent No.1 while driving the military truck make Ashika Leela bearing No.010141272-W came from behind at a very high speed and rash and negligent manner, struck against the motor cycle. Resultantly, the deceased fell down on the road and sustained multiple and grievous injuries and he was crushed under the front wheel of the truck. While he was shifted to the hospital, the deceased succumbed to the injuries. Regarding the said accident FIR No.449 dated 04.11.2008 was recorded under Section 279/304-A/ 427 IPC against respondent No.1.