A R RAO Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THE judgment will dispose of FAO No. 579 of 1989 (Dr. A. R. Rao v. Rajinder Kumar and Ors.) and FAO No. 685 of 1989 (The New India Assurance Co. Ltd. v. Dr. A. R. Rao) which have arisen out of the common award of the Motor Accident Claims Tribunal, Kurukshetra dated 12. 1. 1989, which on a claim petition filed by the claimant under Section 110-A of the Motor Vehicles Act, had awarded a sum of Rs. 67,500/- with 12% PA interest as compensation on account of the injuries sustained by him in a road accident on 9. 8. 1987. For the purpose of judgment, the facts have been taken from FAO No. 579 of 1989.

(2.) THE brief facts which led to the filing of these appeals are that on 9. 8. 1987 Ram Bhagat Singh, Ram Dayal Jindal and Dr. A. R. Rao, were travelling in Maruti Van No. DBY-707 from Hissar to Chandigarh. The van was driven by Umed Singh, respondent No. 2, which was owned by Rajinder Kumar, respondent No. 1. The driver was plying the van at a very fast speed. At a little distance from Kaithal on Pehowa-Kaithal road, the driver of the van lost its control. As a result thereof, the van swerved from the road and hit against a kikar tree and Ram Bhagat Singh and Ram Dayal Jindal died at the spot whereas Dr. A. R. Rao sustained serious injuries.

(3.) AGAINST the impugned award, two appeals have been preferred, one by the claimant, Dr. A. R. Rao for enhancement of the compensation and another by the New India Assurance Company for setting aside the impugned award.