SANTOSH KUMARI Vs. AMAR SINGH

JUDGEMENT

(1.) By this order, I shall dispose of two FAOs i.e. FAO-5878- 2014(O&M) filed on behalf of appellants Smt.Santosh Kumari and others and FAO-7481-2014(O&M) filed on behalf of appellant - Shri Ram General Insurance Company Ltd., which have arisen out of the same award.

(2.) Briefly stated, facts of the case are that on 2/6/2011 Satish Kumar (deceased) was going on foot from village Mohra to village Ojhlon; Sukhdev Singh son of Rulda Ram, resident of that very village was proceeding ahead of Satish Kumar; at about 9:30 p.m., when Satish Kumar reached near village Chhorpur, in the meanwhile, a three-wheeler bearing registration No.HR-65-2090 (hereinafter referred to as the offending vehicle) being driven in a rash and negligent manner by respondent No.1 Amar Singh came from behind and dashed against Satish Kumar, as a result, he fell down and received multiple injuries; he was shifted to Community Health Centre, Shahabad, where he succumbed to the injuries.

(3.) The legal representatives of deceased, namely his widow - Santosh Kumari, aged about 35 years, minor sons Ravi Kumar, aged 14 years and Jagdeep, aged 11 years, minor daughter Jaspreet Kaur, aged 8 years, father Rulda Ram, aged 64 years and mother - Debo alias Debi, aged 61 years, all residents of village Ojhlon, District Ambala had filed a claim petition under Ss. 166, 140 and 141 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the respondents i.e. Amar Singh - driver, Jagdish Chand - owner, Shriram General Insurance Company Ltd. Sitapura, Jaipur - insurer and Vakil Singh - purchaser/owner of the offending vehicle.