VEENA RANI Vs. KRISHNA DEVI

JUDGEMENT

(1.) This judgment shall dispose of four appeals (FAO Nos. 5862, 5863 of 2010,90 and 91 of 2011) arising out of the common Award dated 31.7.2010, passed by the Motor Accident Claims Tribunal, (Fast Track Court) Rohtak, (for short "the Tribunal") in separate claim petitions-MACT Nos. 3 6 and 3 6-A of 2008 filed by the claimants. The facts are being extracted from FAO No. 5862 of 2010.

(2.) The brief facts of the case are that on 10.3.2008 the truck bearing No. FIR-38-C-265, owned by Veena Rani loaded with nine buffaloes and nine calves had gone to Pune from Rohtak. The truck was driven by Mukesh, driver in a rash and negligent manner. When the truck reached near Shirpur, it fell into 200 feet deep gorge/valley, as a result, two persons aged 35 years and 30 years and the 9 buffaloes and 9 calves had died in the accident. The driver Mukesh Kumar also died in the accident. FIR No. 66 dated 10.3.2008 under sections 279/338/304A/429/427 IPC was registered at Police Station Shirpur, District Dhule. Claim petition No. 36 of 2008 was filed by Ashok Kumar, owner of the buffaloes and calves, under section 166 of the Motor Vehicles Act, 1988 (for short "the MVA") claiming compensation to the tune of Rs. 9 lacs. He died during the pendency of the appeal. Respondents No. 1 to 4 are the LRs of Ashok Kumar in FAO No. 5862 of 2010. It was alleged that the truck was duly insured with the Insurance Company-respondent No. 5.

(3.) Claim petition No. 36-A of 2008 was filed by the claimants of deceased Lakhan Rai. It was alleged that at the time of accident, Lakhan Raj aged 30 years was sitting in the truck as a care taker of the nine buffaloes and 9 calves. He was a contractual labour in the milk dairy and earning Rs. 10,000/-per month.