NATIONAL INSURANCE COMPANY LIMITED Vs. CHAINPAL

JUDGEMENT

(1.) CM NO. 8126 -CII OF 2015 The application stands allowed and delay of 29 days in filing the appeal stands condoned, for the reasons mentioned in the application.

(2.) MAIN CASE This is an appeal directed by the National Insurance Company Limited against the award dated 04.12.2014 passed by Shri Jagdeep Singh, Motor Accident Claims Tribunal, Sonepat, vide which the claim petition preferred by the claimants was partly accepted.

(3.) THE facts as gathered from the record are that on 24.08.2012 at about 1.30 am, Krishan Kumar had gone to Mathura from village Sandal Kalan, Sonipat, along with Jallo Devi, who was sitting in another van bearing No. HR -69A -8097 along with Rameshwar s/o Dali Ram, Gulabo w/o Rameshwar, Kamla w/o Rameshwar, Indro w/o Dariya, Aman s/o Chainpal, Pyari Devi w/o Dei Ram all residents of village Nangal Kalan, Sonepat. The said vehicle was being driven by Nanha @ Mukesh (since deceased) and Raj Kumar, Rajesh Kumar and other ladies of village Sandal Kalan were sitting in the van of complainant Krishan Kumar. On 26.08.2012 at about 6/6.30 AM the above said persons started from Mathura for coming back to their village. When their van reached near village Rai, GT Road, it dashed against a vehicle bearing No. HR -55J -6567 which was parked on GT Road without any parking and flasher, as a result of which Jello Devi, Mukesh, Kamla, Gulabo, Ramesh and driver of said van namely Nanha @ Mukesh died on the spot, whereas, Indro, Pyari Devi and Aman sustained grevious injuries. The complainant with the help of other passengers, took the above said persons to Civil Hospital, Sonepat, but they succumbed to their injuries. Post mortem of all the deceased was conducted. The accident took place due to rash and negligent driving of the driver of van bearing No. HR -69 -A -8097 and negligent act on the part of respondent No.1 who parked his vehicle bearing No. HR - 55J -6567 without any parking lights on. FIR No. 264 dated 26.08.2012 under Sections 283/304 -A of the Indian Penal Code was registered at Police Station Rai. It was further averred that due to untimely death of Jello Devi -claimants have suffered great mental shock, agony and loss of love and affection. It was further averred that the claimants spent Rs. 50,000/ - on transportation and last rites and as such, compensation to the tune of Rs. 30,00,000/ - has been claimed. Another claim petition No. 47 of 2014 titled as,