MAM CHAND AND ORS. Vs. ASHOK AND ORS.

JUDGEMENT

(1.) BY this order, I will dispose of FAO No. 5350 of 2011 and FAO No. 1108 of 2012, arising out of the same award dated 7.4.2011, passed by the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short, 'the Tribunal), vide which three claim petitions i.e. MACT case No. 53 of 2010, MACT case No. 12 of 2009 and MACT case No. 18 of 2009 were disposed of. However, for facility of reference, facts are being taken from FAO No. 1108 of 2012.

(2.) COMMON facts of the case are that on 24.10.2009, Mam Chand along with Parmod Kumar (since deceased) were riding a motorcycle bearing registration No.HR -07 -2615. One Rajesh Kumar son of Nand Sawroop was following them on a separate motorcycle. When they reached near biscuit factory, Karalghat, a Tata Sumo bearing registration No.HP -18 -A -4099 being driven by respondent No. 1 (driver cum owner), came from the opposite direction and hit the motorcycle being driven by Mam Chand. As a result of the accident, Mam Chand and Parmod Kumar received injuries. Driver of Tata Sumo stopped the vehicle for two minutes and thereafter, fled away. Rajesh Kumar witnessed the accident. While fleeing away, the driver of the Tata Sumo hit Om Narayan Mishra near Himalaya Law College, Kala Amb (Himachal Pradesh) and caused multiple injuries to him also. As a result of the accident Parmod Kumar and Om Narayan Mishra died at the spot, whereas Mam Chand was removed to the Civil Hospital, Sadhaura, from where he was referred to PGI, Chandigarh. There he remained admitted from 24.10.2009 to 25.11.2009. FIR was registered against the respondent/ driver of the offending vehicle.

(3.) IN the separate written statement, Insurance company also claimed that Tata Sumo has been falsely implicated. Accident, if any, was outcome of rash and negligent driving of motorcyclist. Other legal objections were also taken.