KAILASH CHAND MITTAL Vs. OM PARKASH AND OTHERS

JUDGEMENT

(1.) This order shall dispose of FAO No.1697 of 1995 and FAO No.1755 of 1995 filed by the owner of offending vehicle impugning the award dated 02.06.1995 passed by the Motor Accident Claims Tribunal, Jind (hereinafter referred to as, the 'Tribunal'). Both the abovenoted appeals were admitted by this Court qua the respondent-Insurance Company only, vide orders dated 07.08.1995 and 16.08.1995 passed in FAO Nos.1697 and 1755 of 1995, respectively. The appeals were rejected qua the respondent-claimants. No interim relief was granted to the appellant.

(2.) An accident took place on 03.09.1993 between a four wheeler i.e., TATA 608 bearing registration No.HR-16-0501 and a Haryana Roadways bus bearing registration No. HR-31-0549 near the railway crossing Rohtak-Bhiwani Road bypass. Four occupants of the four wheeler TATA 608 sustained multiple injuries and one Vinod Kumar Kaushik succumbed to his injuries on 04.09.1993. Two separate claim petitions were filed i.e., one by the injured Om Parkash son of Jai Narain claiming compensation on account of the injuries sustained by him and the other by Usha @Uma Kaushik and minor children being legal heirs of deceased Vinod Kumar Kaushik claiming compensation on account of death of Vinod Kumar Kaushik.

(3.) The Tribunal has awarded a sum of Rs. 50,000/- in the Claim Petition No.21 of 18.2.1994 filed by Om Parkash and a sum of Rs. 3,84,000/- has been awarded in the Claim Petition No.18 of 1994 filed by Usha @Uma Kaushik and minor children. The Tribunal has held that the accident was caused due to the negligence of the driver of the four wheeler TATA608 as well as driver of the Haryana Roadways bus. The Insurance Company has been absolved of its liability and the owner of the four wheeler as well as the State of Haryana were held liable jointly and severally. It is in the light of these findings that the present appeals have been filed by the owner of the offending four wheeler TATA 608, No. HR-16-0501.