NATIONAL INSURANCE COMPANY LIMITED Vs. OMPATI AND OTHERS

JUDGEMENT

(1.) By way of this order, I shall dispose of FAO No. 7630 of 2014 titled "National Insurance Company Limited vs. Ompati and others" and FAO No. 7691 of 2014 titled "National Insurance Company Limited vs. Ram Rati and others" as these have emerged out of common award dated 25.3.2014 passed by the Motor Accident Claims Tribunal, Hisar ( in short "the Tribunal") and involve identical questions of law and facts for adjudication.

(2.) Ompati and another (respondents) filed claim application under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") in regard to death of Satpal @ Sonu, their son aged about 20 years in a motor vehicular accident which took place on 30.11.2012. Ram Rati and another filed application in regard to death of Satish, their son in the same accident on 30.11.2012.

(3.) As per case set up by the claimants, Satish and Stapal @ Sonu (since deceased), Surender, Monu and Naveen were coming from Rajgarh to village Dhansu in car bearing No. HR-20U-1236 driven by Narender son of Raja Ram, respondent No. 1 in a rash and negligent manner. When they crossed village Choudharywas, respondent No. 1 struck the offending vehicle into a truck and caused the accident. The occupants of the car received multiple injuries. Sonu died at the spot and Satish died on 21.12.2012 at Jindal Hospital, Hisar. Narender in connivance with police got registered FIR No. 1108 dated 30.11.2012 under Sections 279, 337 and 304-A of the Indian Penal Code at Police Station, Sadar Hisar against an unknown driver of a truck.