SURESH AND ANOTHER Vs. SUDESH DEVI AND OTHERS

JUDGEMENT

(1.) This order shall dispose of FAO Nos.1840 of 2007 (Suresh and another v. Smt.Sudesh Devi and others), 1841 of 2007 (Suresh and another v. Smt.Nirmala Devi and others), 1842 of 2007 (Suresh and another v. Smt.Bala and others), 1843 of 2007 (Suresh and another v. Hawa Singh and another), 1844 of 2007 (Suresh and another v. Bijender and another), 1921 of 2007 (Smt.Bala and others v. Suresh and others), 2152 of 2007 (Smt.Nirmala Devi and others v. Suresh and others), 2153 of 2007 (Bijender v. Suresh and others), 4021 of 2007 (Hawa Singh v. Suresh and others) and 4022 of 2007 (Smt.Sudesh Devi and others v. Suresh and others) as these bunch of petitions arise out of an accident that took place on 7.1.2004 involving truck bearing registration No.HR46A-7100. Such accident is stated to have resulted in the death of Parkash, Balwan and Rajbir. Injured were Hawa Singh and Bajinder Singh.

(2.) Dependents of Parkash, Balwan and Rajbir (since deceased) as well as injured Hawa Singh and Bajinder Singh filed separate claim petitions against the owner/driver of the offending vehicle as also the Insurance Company. The five claim petitions were consolidated vide order dated 3.9.2004 passed by the Motor Accident Claims Tribunal, Panipat and were disposed of vide common award dated 8.1.2007. A compensation of Rs. 2,27,000/- each was awarded on account of death of Parkash, Balwan and Rajbir. Compensation of Rs. 39,305/- was awarded to injured Hawa Singh and Rs. 19,894/- was awarded to injured Bajinder Singh.

(3.) FAO Nos.1840, 1841, 1842, 1843 and 1844 of 2007 have been preferred by the driver and the owner of the offending vehicle impugning the award dated 8.1.2007 in terms of which the Insurance Company has been absolved of its liability by holding that the three deceased and two injured were 'gratuitous passengers' on the truck at the time of accident.