SHAMSHER SINGH Vs. NEW INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) FAO No. 2629 as also the other FAOs No. 2630, 2633 and 4119 of 2008 arise out of the same award and for this reason the four appeals are being disposed of by way of this common judgment. The claim petitions had been brought on account of the loss suffered in the road side accident that took place on 11.03.2006 . Claim petition No. 146 of 2006 was brought by Smt. Santosh and others on the death of Sher Singh; claim petition No. 147 of 2006 had also been brought by Smt. Santosh individually on the death of her son named Anil Kumar and claim petition No. 148 of 2006 had been brought by Ms.Rajni minor through her mother Smt. Santosh for the injuries she suffered in the said accident. The facts necessary to be noticed for disposal of the aforesaid four appeals are as under:-

(2.) On 11.03.2006 Sher Singh, deceased alongwith his son Anil Kumar and daughter Rajni was going from his house to Baba Jai Ram Dass Public School Riwasa on bicycle. He was pedalling the bicycle at a moderate speed on his extreme left side of the road. At about 8.30 am, he reached just ahead of bus stop of his village Sisoth. In the meanwhile, a Mahindra Max Jeep bearing registration No. HR-66/T-2000, driven by Naresh Kumar, respondent No. 1 came at a very high speed and in a rash and negligent manner. It was moving in a zig-zag manner. It came from the side of Dadri and had hit the bicycle of Sher Singh, on account of which, Sher Singh, Anil Kumar and Ms. Rajni fell down on the road and suffered injuries. Anil Kumar died on the way to the hospital. Sher Singh and Rajni, who had reached the hospital were referred to S.M.S. Hospital, Jaipur, where during treatment Sher Singh also died. Lala Ram saw the accident and reported the matter to the police.

(3.) Smt. Santosh and others claimed compensation in a sum of Rs. 30,00,000/- on the death of Sher Singh in claim case No. 146 of 2006. They have averred that Sher Singh was aged 45 years and was earning Rs. 7000/- per month by doing agricultural work including rearing cattle. Sher Singh remained at the hospital at Jaipur with effect from 11.3.2006 to 16.03.2006 and died on 16.3.2006. A sum of Rs. 40,000/- was spent on his treatment and a sum of Rs. 15,000/- was spent on his last rites and a sum of Rs. 1600/- on the transportation charges of the dead body. In claim case No. 147 of 2006 Smt. Santosh sought compensation in a sum of Rs. 10,00,000/- on the death of her son Anil Kumar, who was aged 5 years at the time of accident and was a student, who assisting the claimant in her domestic chores and was having a monthly income of Rs. 3,000/- per month.