ASHA JAIN Vs. KULWANT SINGH

JUDGEMENT

(1.) ON 30.9.2010, at about 10:30/11:00 AM, Jitender Kumar Jain (since deceased), an advocate by profession, was going to the District Courts, Narnaul, on scooter bearing registration No. HR 35 - A -6453. Near Industrial Training Institute for Boys, a truck bearing registration No. HR 13 -G -7331 hit the scooter from the back side. The deceased fell down on the road and his head was crushed under the wheels of the truck. The deceased died at the spot. The occurrence was witnessed by his Munshi Ram Chander Saini and another advocate Vijender Kumar Sanghi. The police registered FIR No. 313 dated 30.9.2010 under Sections 279 and 304 -A IPC at Police Station City Narnaul. At the time of accident, respondent No. 1 was driving the offending truck.

(2.) IT was claimed before the Motor Accident Claims Tribunal, Narnaul (in short 'the Tribunal') that the deceased was 37 years of age. The date of birth of the deceased was considered as 7.12.1972 as indicated in the income tax returns (Ex.P3 and Ex.P5) and the age of the deceased was considered as 37 years and 9 months at the time of his death. It was stated that he was practising for the last 10/12 years and was also a legal aid counsel for the last 2/3 years. He was also an agriculturist. His total income was Rs. 40,000/ - per month. The claimants, who happen to be his widow, mother and minor children, filed the claim petition, seeking compensation to the tune of Rs. 1 crore alongwith interest @ 18% per annum.

(3.) RESPONDENTS No. 1 and 2 denied the accident. In the same breath, it was stated that if they are held liable, then the respondent No. 3 is to indemnify the liability of respondent No. 2 as the offending vehicle was insured with it. Respondent No. 3 took the usual pleas.