RAJU Vs. KAMLESH

JUDGEMENT

(1.) VIDE this common judgment, I intend to dispose of four appeals bearing FAO No. 1397 of 2002 titled as, "Raju v. Kamlesh and others", FAO No. 1400 of 2002 titled as, "Surekha Rani v. Kamlesh and others", FAO No. 1401 of 2002 titled as, "Kumari Mahima v. Kamlesh and others" for enhancement of compensation in respect of injuries sustained by them in a motor vehicular accident and FAO No. 1402 of 2002 titled as, "Narjeet Thapa @ Monu Thapa and another v. Kamlesh and others" claiming compensation on account of death of Veeru Thapa in a motor vehicular accident, as all these appeals have arisen out of the common Award dated 03.10.2001 passed by Motor Accident Claims Tribunal, Sonepat. For reference, the facts are being taken from FAO No. 1402 of 2002.

(2.) BRIEFLY stated, on 04.02.2000, claimants Surekha Devi, Kumari Mahima, Raju, Krishma were going to Delhi in Tata Estate car bearing registration No. CH03 -7074 being driven by Veeru Thapa (since deceased). Veeru Thapa was driving the vehicle at very moderate speed and with all care and caution. At about 3.45 PM, when they reached in the area of Kundli, G.T Road, District Sonepat, one truck bearing registration No. HR -38C -4323 being driven by respondent No. 1 -Kamlesh rashly and negligently and at a very high speed came from Delhi side and hit the car of Veeru Thapa. The occupants of the car received grievous injuries, whereas Veeru Thapa received fatal injuries and died at the spot. The matter was reported to the police on the basis of which FIR No. 29 dated 04.02.2000 under Sections 279/338/304 -A of the Indian Penal Code was registered at Police Station Rai.

(3.) CLAIMANT Narjeet Thapa @ Monu Thapa averred that his son Veeru Thapa also died in the said accident. He was 26 years of age and was computer mechanic as well as driver in Galaxy Computer System, Chandigarh and was getting Rs. 4500/ -per month. He is survived by claimants Narjeet Thapa @ Monu Thapa, his father and Resham Thapa - his minor son. The claimants have claimed a sum of Rs. 10 lacs as compensation in this case.