UNITED INDIA INSURANCE CO. LTD. Vs. SUNIL

JUDGEMENT

(1.) The appellant - United India Insurance Company Ltd. has filed these appeals to challenge the common Award dtd. 30/10/2017, passed by the learned Motor Accident Claims Tribunal, Jind, in MACP case Nos. 11 to 14 (RBT), instituted on 4/1/2014/12/4/2016, whereby compensation of Rs.12,59,600.00 (on account of death of Munish Kumar in a motor vehicular accident), Rs.1,36,336.00 (on account of injuries suffered by Sunil @ Rohit in a motor vehicular accident), Rs.10,66,550.00 (on account of death of Ram Niwas in a motor vehicular accident) and Rs.13,88,300.00 (on account of death of Sultan Singh in a motor vehicular accident) along with the interest @ 9% per annum as detailed therein was awarded to the petitioners/claimants. All these appeals have arisen out of the common Award dtd. 30/10/2017, therefore, the appeals are taken up together for disposal. The respondents No.1 to 5/cross-objectors in FAO No. 1119 of 2018 have also filed cross objection seeking enhancement of compensation along with interest till the realization of the amount.

(2.) Brief facts of the case are as follows :- On the fateful day of 21/11/2013, at about 10:00 P.M., deceased Munish Kumar along with his friends Ram Niwas, Sultan and Sunil started their journey from Narwana to Vrindavan (U.P.) in a Maruti Car bearing Registration No. HR-99-QMTP-3245 which was owned by Sultan Singh. At about 11:30 P.M., Satish Kumar received a telephonic message from Sunil that they had met with an accident and all were in injured condition near a drain minor situated at Narwana road, Jind. On reaching the spot, Satish Kumar saw that Swift Maruti Car bearing Registration No. HR-99-QMTP-3245 was beneath a Truck bearing Registration No. HR-38-F-4365. His brother Munish Kumar was on driving seat and all of them were badly injured. The complainant identified the body of Munish and Sultan, who died in the car itself. Sunil and Ram Niwas were shifted to General Hospital, Jind by some passers-by. However, Ram Niwas succumbed to the injuries in the hospital. It has been alleged that the accident had taken place due to the rash and negligent driving of offending vehicle, being driven by respondent No. 1. In this regard, FIR bearing No. 938 dtd. 22/11/2013 under Ss. 279, 337, 338 and 304-A of IPC was registered in Police Station City Jind on the statement of Satish Kumar.

(3.) The claim petition bearing MACP No. 11 (RBT) instituted on 04. 01.2014/12/4/2016 titled as 'Manoj Devi etc. vs. Sandeep etc.' was filed by claimants i.e. petitioner No. 1 (wife), petitioner No. 2 and 3 (minor children), petitioner No. 4 (mother) and petitioner No. 5 (father) under Sec. 166 of Motor Vehicles Act for grant of compensation on account of death of Munish Kumar in a motor vehicular accident. Late Munish Kumar was 32 years of age at the time of accident. He was a diploma holder of Multipurpose Health Worker and was a private practitioner and doing his private practice in his clinic at Narwana and was earning Rs.25,000.00 per month. Therefore, on account of death of Munish Kumar in a motor vehicular accident, it was prayed that the respondents No. 1 to 3 are jointly and severally liable to compensate the claimants to the extent of Rs.25.00 lacs, along with interest @ 18% p.a. from the date of accident till its realization.