SHRIRAM GENERAL INSURANCE COMPANY LTD Vs. ANITA

JUDGEMENT

(1.) Briefly stated, facts of the case are that on 20/8/2014 Manish (since deceased) was driving motorcycle bearing registration No.HR-99- HZ(Temp.) - 9165 coming from Kurukshetra and going towards village Manak Majri, Karnal; one Sahil was pillion riding that motorcycle; at about 2 O' clock in the early morning of 21/8/2014, when they had reached near Old Police Station, Butana on the G.T. Road, a stray cattle came in front of the motorcycle due to which, an accident taken place; both the riders fell down on the road and suffered multiple injuries; Manish was shifted to General Hospital, Nilokheri in the Highway Ambulance, where the doctor referred him to General Hospital, Karnal then Manish was shifted to Trauma Centre, KCGMCH, Karnal, where he succumbed to the injuries suffered by him in the accident. Postmortem examination on his dead body was carried out on 21/8/2014. The matter was reported to the police by Sahil, on the basis of which DDR No.11 dtd. 21/8/2014 was recorded at Police Station Butana, District Karnal.

(2.) The legal representatives of deceased, namely, his parents i.e. mother - Smt.Anita, aged 40 years and father - Sh.Pritam Singh, aged 42 years, both residents of village Manak Majra, District Karnal, now at House No.773, Sector 30, Umri Chowk, Kurukshetra, had filed a claim petition under Sec. 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the respondents i.e. Hazari Lal - owner and Shriram General Insurance Company Ltd. Sitapura, Jaipur - insurer of the motorcycle in question.

(3.) According to the petitioners/claimants, the deceased was 22 years and was a skilled worker; he was in private employment and was earning Rs.40,000.00 per annum; he used to spend his entire income on his family and petitioners were fully dependent upon his earnings.