POONAM AND ORS Vs. RAMESH KUMAR AND ORS

JUDGEMENT

(1.) The present order would dispose of two appeals bearing FAO No.8213 of 2015 titled as "Poonam and others V/s Ramesh Kumar and others", which has been filed by the claimants for enhancement, and FAO No.4858 of 2014 titled as "New India Assurance Company Ltd. V/s Poonam and others", which has been filed by the Insurance Company. Both the appeals have been filed against the award dated 13.02.2014 passed by the Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as 'the Tribunal'). For the sake of convenience, the parties are being referred to as the claimants, driver, owner and the Insurance Company.

(2.) A brief matrix of the facts is as under:- On 07.06.2012, Vijay Kumar-deceased was going from Rohtak to Fatehabad and Ellanabad in Alto Car bearing registration No.DL-8CR- 3877. His relative Naveen Kumar was in another vehicle, which was behind the car of the deceased Vijay Kumar. At about 7.30 A.M., when they reached Gila Khera Dhani Mor, N.H.10, a Tata Truck bearing Registration No.HR-38H-4012, which was going ahead and was being driven in a rash and negligent manner, braked without any indication. As a result, the car which deceased Vijay Kumar was driving, struck the back side of the truck and due to the impact deceased Vijay Kumar sustained serious injuries, eventually causing his death. The claimants, who are the wife, minor children and parents of deceased Vijay Kumar, filed a claim petition stating therein that the accident had occurred due to the rash and negligent driving of driver-Ramesh Kumar and prayed for compensation to the tune of 'One Crore along with interest @ 18% per annum, on account of death of Vijay Kumar.

(3.) In written statement filed by the driver and owner of the offending vehicle, the factum of the accident was denied. It was further denied that the accident took place due to rash and negligent driving of the offending vehicle. It was further averred that the driver-Ramesh Kumar had a valid and effective driving licence at the time of accident and that the vehicle was fully insured.