STATE OF HARYANA Vs. SUMAN LATA

JUDGEMENT

(1.) BY this common judgment I intend to dispose of FAO No. 2397 of 2001 (O&M) titled as State of Haryana versus Smt. Suman Lata and others and FAO No. 2398 of 2001 (O&M) titled as State of Haryana versus Smt. Shanti Devi and others and Cross Objections No.35 -CII of 2002 preferred by respondent Nos.1 and 2. For convenience facts are being taken from FAO No. 2397 of 2001 (O&M) titled as State of Haryana versus Smt. Suman Lata and others.

(2.) STATE of Haryana and General Manager, Haryana Roadways, Chandigarh have directed FAOs No. 2397 of 2001 and FAOs No. 2398 of 2001 (O&M) against the award dated 22.03.2001 passed by Shri R.S.Madan, the then learned Motor Accidents Claims Tribunal, Rohtak vide which the claim petitions have been partly accepted granting a sum of Rs.4,80,000/ - along with interest @ 9% per annum in respect of death of Jai Singh and Rs.5,04,000/ - were granted in respect of death of Zile Singh.

(3.) BRIEFLY stated Suman Lata widow and her children have filed claim petition claiming compensation to the tune of Rs.24,00,000/ - in respect of death of Jai Singh in a motor vehicular accident. It is pleaded that Jai Singh along with Zile Singh Chahal was going from Rohtak to Chandigarh in his Maruti Car bearing registration No.HR -12C/7534. At about 1.30pm when they reached near the turning of Sector 2 at Pipli on Rohtak Chandigarh Road, a bus bearing registration No. HR -37/7036 being driven by Ram Lal respondent No.1 rashly and negligent and at a very high speed came from the opposite direction i.e., from Chandigarh side and dashed against the Maruti Car after coming on the wrong side. Jai Singh was driving the car on its correct side of the road at slow speed. The impact of accident was so strong that the Maruti car entangled underneath the offending bus which dragged the Maruti Car to a distance of about 10 paces. Jai Singh along -with Zile Singh the other occupants of the Maruti car sustained grievous multiple injuries on their person. Both the injured/occupants of the Maruti Car were taken out by the passers -bye with the intention to save their lives but both of them succumbed to their injuries at the spot. The driver of the offending bus fled away from the spot taking the benefit of the crowd. The accident was caused due to the sole rash and negligent driving of respondent No.1. Respondent No.1 did not blow the horn nor followed the traffic rules. Kagir Singh son of Santokh Singh resident of H.No.2160 Sector 3 Kurukshetra lodged the FIR.