BHAGWAN AND OTHERS Vs. MUKESH KUMAR AND OTHERS

JUDGEMENT

(1.) This order of mine shall dispose of FAO No. 5299 of 2008 titled as Bhagwan and others Versus Mukesh Kumar and others and FAO No. 3374 of 2010 titled as Subhash Chander and another Versus Mukesh Kumar and others filed against the same award dated 1.10.2008, passed by the Motor Accident Claims Tribunal, Rewari (in short 'the Tribunal'), vide which compensation to the tune of Rs. 2,35,400/- alongwith interest at the rate of 6% per annum from the date of filing the claim petition till its realization was awarded in favour of the claimants-appellants Subhash Chander and Smt. Ramesh Devi on account of death of their 22 years old son, namely, Kuldeep on 15.4.2006. In FAO No. 3374 of 2010, claimants are seeking the enhancement of compensation, whereas in FAO No. 5299 of 2008, Bhagwan and others, who are the registered owner of offending tractor claim that the subsequent purchaser Budh Ram should be made liable to pay the amount of compensation. The Tribunal had ordered that respondents No. 1 to 5, i.e. the driver of the offending tractor, registered owners Bhagwan, Ramphal and Rajinder sons of Matadin and the subsequent purchaser Budh Ram shall be liable to pay the compensation jointly and severally.

(2.) Brief facts of the case are that on 15.4.2006, Kuldeep (deceased), aged about 22 years old, was going towards his village Pranpura on his motorcycle bearing registration No. HR-35-C-5577. At about 7:15 PM, in the area of village Mundi, he was hit by a tractor bearing registration No. RJ-02-8702, being driven in rash and negligent manner by Mukesh Kumar (respondent). Kuldeep received multiple injuries and while being removed to General Hospital, Rewari, he succumbed to the injuries. FIR No. 57 dated 15.4.2006 under Sections 279/304-A IPC was registered at Police Station Khol. It was claimed that respondents No. 2 to 4, namely, Bhagwan, Ramphal and Rajinder, sons of Matadin are the registered owner of the offending tractor, whereas respondents No. 5 and 6 i.e. Budh Ram and Bhim Singh are the subsequent purchasers of the same.

(3.) In the written statement, respondent No. 1 driver took the plea that the deceased was driving the motorcycle at very high speed and the accident took place due to his negligence. Respondents No. 2 to 4, the registered owners, claimed that they had already sold the offending tractor to respondent No. 5 Budh Ram, who further sold the same to respondent No. 6 Bhim Singh.