UNITED INDIA INSURANCE CO. LTD Vs. NARAINI DEVI

JUDGEMENT

(1.) THIS order shall dispose of three F.A.Os. i.e. FAO Nos. 457, 458 and 459 of 1985 filed by the appellant-M/s United India Insurance Company Ltd. (hereinafter referred to as the Insurance Company) against the judgment and award dated 12.12.1984 passed by the learned Motor Accident Claims Tribunal, (for short - the Tribunal) Faridabad.

(2.) THE facts leading to the case are that Nathu Ram Sharma (deceased) was returning from his office at Faridabad Industries Association on motorcycle bearing registration No. HRC-804 on 6.6.1981 at about 12.30 pm. The said motorcycle was being driven by Ramesh Kumar, AW.3 son of the deceased Nathu Ram, the latter was sitting on the pillion of the vehicle. The motorcycle was coming from the side of Bata Chowk towards Neelam Chowk at Faridabad. When the motorcycle reached near Sunder Service Station, a truck bearing registration No. HRC 4855 driven by Vijender son of Sital (respondent No. 2 in the appeals) came from the rear side and without giving any signal took a turn towards its left hand side. As a result thereof the rear portion of the truck struck the motorcycle which was dragged upto a distance of 1/2 yard. Nathu Ram Sharma died some days thereafter due to the injuries received by him in the aforesaid accident. The occurrence was witnessed by Rajinder and Ram Avatar PWs. On these premises four claim petitions were filed under Section 110-A of the Motor Vehicles Act, 1939 (Act - for short) before the learned Tribunal at Faridabad which were consolidated vide order dated 11.3.1983 and vide common judgment and award dated 12.12.1984, three claim petitions filed by Suresh Kumar, Kumari Meena son and daughters respectively and Naraini Devi widow of the deceased Nathu Ram were allowed and they were found entitled to compensation amounting to Rs 40,000/- each from the respondents whose liability to pay the amount of compensation was joint and several. However, the claim petition filed by Ramesh Kumar Sharma son of the deceased Nathu Ram was dismissed.

(3.) I have heard Shri Pardeep Bedi, learned counsel appearing for the appellant and Shri Yogesh Chaudhary, learned counsel appearing for the claimants- respondents and with their assistance, gone through the records of the cases.