NEW INDIA ASSURANCE CO. LTD. Vs. BIRMATI

JUDGEMENT

(1.) Vide this common order, I intend to dispose of afore- mentioned two appeals filed by the insurance company, as facts are analogous and common questions of law are involved therein. For reference, the facts are being taken from FAO No. 762 of 2021.

(2.) The Insurance company is in appeal before this Court against compensation of Rs.1,00,000.00 awarded by the learned Motor Accident Claims Tribunal, Jhajjar (for short 'the Tribunal') in a claim under sec. 163-A of the Motor Vehicles Act, 1988 to the mother, widow and two minor children of the deceased/victim who died in a motor vehicular accident.

(3.) Succinct facts shorn of unnecessary details are that Anil Kumar deceased had borrowed motor cycle bearing registration No. HR- 14M-8691 from registered owner Devender Kumar respondent No.5 herein. By driving it on 20/6/2017, Anil Kumar was on way to village Surkhpur from village Bhadani for distributing milk. Near Dariya Bhatta, a donkey suddenly came on the road and collided with the motor cycle. As a result, the deceased fell down and sustained injuries. Coincidentally, his brother Sunil was also going to the same village on another motorcycle at the same time and was behind the deceased at that time. Anil Kumar was taken to PGIMS, Rohtak from where he was later shifted to Balaji Action Medical Hospital, Delhi. During treatment thereon 28/6/2017 the accident victim died. A complaint/DD No.19 dtd. 29/6/2017 was lodged at police station on the statement of Sunil, brother of the deceased. On these facts, the mother, widow and two sons, being the heirs of the deceased, filed claim petition before with learned Tribunal.