NATIONAL INSURANCE CO LTD Vs. RAJKALI

JUDGEMENT

(1.) CM Nos. 6820 -CII and 6818 -CII of 2015 in/and FAO No. 2237 of 2015 (O/M) There are 13 days' and 4 days' delays in filing and refiling the appeal.

(2.) THE insurance company has filed these appeals against the award dated 30.10.2014, passed by the Motor Accident Claims Tribunal, Gurgaon, (in short 'the Tribunal'), vide which the MACT Case No. 3 of 2014 titled as Nazrin and others Versus Kalu Ram and others and MACT Case No. 7 of 2014 titled as Rajkali and others Versus Kalu Ram and others were disposed of by common award.

(3.) THE facts of the case are that on 27.11.2013, at about 11:30 AM, Jamshed alongwith Devender was going to Mayfield Garden, Gurgaon, on the motorcycle bearing registration No. HR -26 - Q -0452. The said motorcycle was being driven by Jamshed. Their employer Azad was following them on a separate motorcycle. When they reached near DPS School between Bakhtawar Chowk to Sector -51 T -point, a truck bearing registration No. RJ -31 -GA -3833, being driven by respondent No. 1, namely, Kalu Ram, hit the motorcycle. As a result of the accident, Jamshed and Devender fell on the road and were crushed by the offending vehicle. The driver left the offending vehicle at the spot and ran away. Azad witnessed the occurrence. FIR No. 802, dated 27.11.2013 under Sections 279, 304 -A, 427 IPC was registered at Police Station Sadar, Gurgaon, against the driver of the offending vehicle.