JAI KUMAR Vs. KULDEEP SINGH

JUDGEMENT

(1.) These appeals having arisen out of a common award dated 6.11.2009 passed by the Motor Accidents Claims Tribunal, (Fast Track Court), Karnal (for short, "the Tribunal") have been heard together and are being disposed of by this common judgment.

(2.) In a road side accident that took place on 21.5.2008, claimants Jai Kumar and Dinesh suffered injuries and they brought their respective claim petitions under the provisions of section 166 of Motor Vehicles Act, 1988 (for short, 'the Act') seeking compensation for their injuries suffered in the aforesaid accident. Their claim has been as under :-

(3.) On 21.5.2008, Jai Kumar along with Dinesh, his cousin, was travelling on motorcycle bearing registration No. HR-06P-2886. When they were 2 Kms. ahead of Assandh, a trailer bearing registration No. HR-39A-4647 driven by Kuldeep Singh came at a very high speed from the side of Salwan and had hit the motorcycle. Jai Kumar was driving his motorcycle at a moderate speed and was observing all the traffic rules. In the accident, Jai Kumar and Dinesh suffered multiple injuries. The matter was reported to the police where case was registered against respondent No. 1 for an offence punishable under sections 279, 337 and 338 of Indian Penal Code vide FIR No. 167 dated 22.5.2008.