ANITA DEVI Vs. SURAT RAM

JUDGEMENT

(1.) BY this judgment, I will dispose of FAO No. 1125 of 2012 titled as Smt. Anita Devi and others Versus Sh. Surat Ram and others, FAO No. 1545 of 2012 titled as The New India Assurance Company Ltd. Versus Smt. Anita Devi and others and FAO No. 2610 of 2013 Smt. Krishna Devi Versus The New India Assurance Company Ltd. and others, arising out of the same award dated 14.12.2011, passed by the Motor Accident Claims Tribunal, Grugaon (in short 'the Tribunal'). FAO No. 1125 of 2012 has been filed by the claimants for enhancement of compensation, whereas FAO No. 1545 of 2012 has been filed by the New India Assurance Company Limited and FAO No. 2610 of 2013 has been filed by the owner Krishan Devi Soni, challenging the award of the Tribunal, vide which the recovery rights have been granted to the insurance company.

(2.) ON the last date of hearing, last opportunity was granted to the parties to address the arguments and it was ordered that no adjournment shall be entertained and the arguments shall be heard. Despite this, Mr. Arun Yadav, learned counsel for the owner (in FAO No. 2610 of 2013) has not put in appearance and rather the proxy counsel has informed this Court that he is out of station. It being so, in his absence, the matter is ordered to be considered on merit and decided.

(3.) THE facts of the case are that on 20.10.2010, at about 9:15 PM, Lance Naik Bhupinder Singh was going from Manesar to National Security Guard Camp (NSG) alongwith Jasvinder Singh and Sanjiv Singh. They were walking on the extreme left side of the road a little ahead from Bishandass temple In the meanwhile, a trolla No. RJ -09 -GA -2600 came from behind at a fast speed and hit Bhupinder Singh. As a result, Bhupinder Singh fell down and received serious injuries. He was taken to General Hospital, Gurgaon, where he succumbed to his injuries. FIR No. 272 dated 21.10.2010 under Sections 279, 304 -A IPC was registered at Police Station Manesar, District Kurukshetra. It is stated that Bhupinder Singh was 31 years of age. He was employed as a Lance Naik, Support Weapon Squadron in NSG Commando, Manesar and was earning Rs. 30,000/ - per month.