ARMAN Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The present order shall dispose of two appeals bearing FAO No.1575 of 2013 and FAO No.1671 of 2013 challenging a common award passed by the Motor Accident Claims Tribunal, Ambala, dtd. 17/8/2012.

(2.) The brief facts necessary to be noticed in the present case are that on 5/4/2009, one Vinod Kumar, aged about 27 years was going to Naraingarh from Village Bhurewala on his motorcycle bearing no registration number. It was stated in the claim petition that Vinod Kumar was driving at a slow speed and was taking one Mukesh Kumar to a doctor for a check up. One Gurmeet Singh was holding the said Mukesh Kumar and they were both pillion riders of the said motorcycle. When they crossed the bridge of river Begna in the area of Village Laha on Raipur Rani-Naraingarh Road, a car, which was being driven by respondent No.1 in a rash and negligent manner, came on the wrong side of the road from Naraingarh side and hit the motorcycle. As a result, all the occupants of the motorcycle fell on the road and suffered multiple grievous injuries. The motorcycle was also damaged. After causing the accident, the car struck against a Canter, which was coming from Bhurewala side and the Canter in an effort to save the car struck against a tree. The said accident is stated to have been witnessed by Nasir Mohamad and Rakesh Kumar, who were coming on another motorcycle from Naraingarh side. They took the injured persons to General Hospital, Naraingarh, from where they were referred to PGIMER, Chandigarh in a serious condition. Vinod Kumar is stated to have died on 5/4/2009 while Gurmeet Singh is stated to have died on 6/4/2009. Mukesh, who had suffered fracture on his leg, was referred to General Hospital, Naraingarh.

(3.) The wife, minor child and mother of Vinod Kumar filed a claim petition stating therein that Vinod Kumar, who was aged about 27 years, was working in Dubai as a bulldozer driver with a construction company and claimed that he was earning an amount of Rs.50,000.00 per month in Indian currency. FIR No.62 dtd. 6/4/2009 was registered at Police Station Naraingarh. The Tribunal while returning a finding that this was a case of contributory negligence on the part of motorcycle, car as well as the Canter awarded a total amount of Rs.6,90,000.00. However, after deducting 2/3rd of the said amount on account of contributory negligence on the part of deceased Vinod Kumar, the amount of compensation awarded was Rs.2,30,000.00 Aggrieved by the amount awarded, as well as the finding returned qua contributory negligence, the minor son and mother of the deceased have preferred FAO No.1575 of 2013. The wife Halima Begum has been arrayed as proforma respondent, since she had remarried after the death of Vinod Kumar.