NARENDER GEHLAWAT Vs. DHARMENDER

JUDGEMENT

(1.) THESE two appeals arising out of award dated 17.05.2011 by Motor Accident Claims Tribunal, Rohtak (hereinafter referred as 'The Tribunal') whereby 'The Tribunal' awarded compensation to the tune of Rs.6,98,096/ - in claim petition No.104 of 2010 titled as Dharmender Vs. Rampal and another and in claim petition No.105 of 2010 titled as Manjeet @ Ajay Kumar Vs. Rampal and another in which 'The Tribunal' awarded compensation to the tune of Rs.67,325/ -.

(2.) RELEVANT facts of the case are that on 07.06.2009 at about 9.00 a.m. Dharminder along with Manjeet @ Ajay Kumar and Sonu were going from his house to his fields on motorcycle bearing registration No.DL - 4SDK -6072. Dharminder was driving and Manjeet @ Ajay Kumar and Sonu were pillion rider. When they crossed Assam Minor, a Tata Safari bearing registration No.DL -6SQ -0021 came from the side of village Rurkee being driven by respondent No.1 in rash and negligent manner and hit against motorcycle. Resultantly Dharminder, Manjeet @ Ajay Kumar and Sonu sustained injuries. Injured were taken to hospital for treatment. Leg of Dharminder was amputated. Remaining injured sustained injuries.

(3.) LIABILITY was fastened upon respondent No.2. Respondent No.2 was held liable to make payment of 70% i.e. Rs.4,88,667/ - to claimant Dharmender and Rs.47,127/ - to claimant Manjeet @ Ajay Kumar. Respondent No.3 shall make the payment of compensation to the claimant and thereafter recover the same from the respondent No.3 Insurance Company. Being aggrieved of passing of said award, driver and owner of the vehicle are in appeal in both the cases.