BIMLA AND ORS. Vs. PREM SINGH AND ORS.

JUDGEMENT

(1.) VIDE this judgment, I intend to dispose of FAO No. 1648 to 1660 preferred by Rajasthan Rajpath Nigam and FAO No. 1078 of 2014 and FAO No. 1230 of 2004 and FAO No. 3311 of 2004 directed by claimants for enhancement of compensation against the Award dated 29.11.2003 passed by Ms. Neena Chaudhary, Motor Accident Claims Tribunal, Bhiwani.

(2.) THE facts are being taken from FAO No. 1078 of 2004. It is alleged that on 18.8.1999 Hanuman Parshad was driving jeep bearing registration No. HR -17 -0822 having many other persons sitting in the jeep and was going from Bhiwani towards Jui, i.e. towards Loharu, when the jeep reached near Durga Cotton Oil Mills at a distance at about 1 km. away from truck union, Bhiwani towards Loharu, a bus of Rajasthan Rajya Path Parivahan Nigam (in short offending bus) being driven by respondent No. 1 Prem Singh rashly and negligently and at a high speed came from the side of Loharu and hit the jeep causing serious injuries to the occupants. Thereafter hit Tata 407 bearing registration No. HR16/2016, which was following the said jeep. The said jeep was at a moderate speed and the bus came on the wrong side and hit the jeep bearing registration No. HR17 -0822, as a result of which six occupants of the jeep died at the spot due to injuries. Post mortem examination on the dead bodies were done. FIR No. 268 was recorded against respondent No. 1 under Sections 279, 337 and 304 -A of the IPC. Hanuman Parshad was aged 22 years on the date of accident and was earning Rs. 7000/ - per month i.e. Rs. 4000/ - as salary as driver and Rs. 3000/ - by doing the agriculture work. Therefore, claim petition for grant of compensation of Rs. 20,00,000/ - has been filed.

(3.) THE respondents opposed all the above mentioned claim petitions by way of separate written statements. Respondent Insurance Company also opposed the claim petitions.