JYUNA RAM Vs. CHANDER VEER

JUDGEMENT

(1.) This shall dispose of two appeals, i.e. FAO-2418-2017 and FAO-2464-2017, because both of them are arising out of the same award dtd. 30/8/2016 passed by the Motor Accident Claims Tribunal, Jind (in short,'the Tribunal'), in the claim petitions arising from the same accident. However, for the sake of brevity, the main facts are being taken from FAO-2418-2017.

(2.) For the purpose of the present appeal, the parties would be referred to as they were described in the original claim petitions filed before the Tribunal.

(3.) The brief facts involved in the matter are that on 3/8/2014, Vipin Kumar, along with Parveen Kumar, was going from Narwana to Jind on Pulsor Motor cycle bearing registration No.HR-32-F-7300. At about 11:30 PM, when they reached in the area of Shivpuri Colony, Narwana Road, Jind, a canter bearing registration No.UP-85AT-1941; being driven by respondent No.1 at a very high speed and in a rash and negligent manner; came from the front side and directly struck against the motorcycle. Due to the accident, Vipin Kumar and Parveen Kumar suffered multiple and grievous injuries. Vipin Kumar was brought to the General Hospital, Jind, but he was referred to the PGIMS, Rohtak. Lateron, Vipin Kumar succumbed to the injuries. Similarly, the other person Parveen Kumar also died of the injuries suffered by him in the accident. An FIR No.640 dtd. 4/8/2014 under Ss. 279 and 304-A of the Indian Penal Code was also registered at Police Station City Jind, regarding the accident. As a result, two separate claim petitions were filed by the parents of the deceased.