PARDEEP KUMAR Vs. RAJESH KUMAR

JUDGEMENT

(1.) For the reasons stated therein, the application for condoning the delay of 127 days in filing the appeal is allowed.

(2.) In brief, the facts relevant to the present case are that on 04.06.2011, Rattan Lal since deceased was coming from Ambala towards Yamuna Nagar on his motorcycle bearing Registration No.HR-01Y-5227 and was riding the motorcycle on the correct side of the road at a moderate speed. At about 11.45 p.m., after crossing Hero Honda Agency, a dog suddenly came in front of his motorcycle and struck against his motorcycle. Due to the impact, deceased-Rattan Lal fell on the road side along with his motorcycle. One Vikas @ Bablu and Sanjeev Sharma, who were travelling in a Swift Car bearing Registration No.HR-51AL-5214, stopped the Car on seeing Rattan Lal lying on the road and came to help him. Meanwhile, the offending truck which was being driven by respondent No.1 rashly and negligently, despite 35 feet wide vacant road, came from behind to the extreme left and hit Sanjeev Sharma and Rattan Lal and also dragged the motorcycle for about 40 yards. Thereafter, the driver of the offending truck abandoned the truck and ran away. Both Rattan Lal and Sanjeev Sharma died on the spot.

(3.) Two claim petitions were filed, one by the sons of deceased-Rattan Lal and one by Paramjit Kaur, the alleged wife of deceased-Rattan Lal. In the claim petitions it was averred that Rattan Lal was 55 years of age and was employed as Sub-Inspector in Haryana Police. It was further averred that he was drawing a salary of Rs.33,000/- per month and that the claimants in both the petitions were dependent on the income of the deceased.