UNITED INDIA INSURANCE COMPANY LTD Vs. RAM PYARI

JUDGEMENT

(1.) THE above titled two appeals have been brought by United India Insurance Company Ltd. Though, the appeals are there against distinct awards, yet the accident is the same and, there fore, the two appeals are being disposed of by way of this judgment. On 26.03.2007, Ashwani Kumar and his friend Rakesh Kumar were coming back to their village from Mata Mansa Devi temple on a motorcycle bearing registration No. PB -11V -2724(T). It was driven by Rakesh Kumar. Vidhi Chand was following them on a scooter bearing registration No. HR -01 -5765. When the motorcycle driven by Rakesh Kumar was near a petrol pump within the area of village Rampur, a Tata Sumo bearing registration No. PB -13J -9248 driven by respondent No. 1 came in a rash and negligent manner from the opposite side and had hit the motorcycle driven by Rakesh Kumar as a result of which both the riders of the motorcycle fell down, suffered injuries and died on account of the same. It is claimed that the said accident occurred due to rash and negligent driving of the Tata Sumo by respondent No. 1.

(2.) ON the death of Ashwani Kumar, his parents Smt. Ram Pyari and Geeta Ram had brought claim petition No. 156 dated 1.6.2007 under section 166 of the Motor Vehicles Act, 1988 [for short "the Act"] seeking compensation in a sum of Rs. 12 lakhs.

(3.) DECEASED Ashwani Kumar is claimed to be employed as a driver with Luxmi Flour Mills at Rajpura Town and was drawing monthly salary of Rs. 8,000/ -. He is claimed to have been 24 years of age at the time of his death.