UNION OF INDIA Vs. DILBAGH SINGH

JUDGEMENT

(1.) THIS F. A. O. arises out of a composite award dated 20. 9. 1996 passed by learned Presiding Officer, Motor accidents Claims Tribunal, Ambala in m. A. C. T. Case No. 132 of 28. 10. 1994 and m. A. C. T. Case No. 5 of 30. 1. 1995, awarding a sum of Rs. 10,10,000 in favour of the respondent Nos. 2 and 3, in case of death of their only son Sandeep Kumar, aged 21 years and Rs. 5,000 in injury case of Vinay suri, the pillion rider of the scooter being driven by the deceased.

(2.) IT appears that on the date of accident, i. e. , 16. 7. 1994, deceased Sandeep Kumar was going from Timber Trail in District solan (H. P.) to his house in Sector 32-D, chandigarh on his scooter No. CHM 4073 with the pillion rider Vinay Suri. It further appears that the deceased was driving the scooter at a moderate speed on his left side of the road. However, at about 6. 15 p. m. near ESI Dispensary, HMT, Pinjore, the offending vehicle being a tanker bearing registration No. DEL 3076 appeared from opposite side, while being driven rashly and negligently and also in a zigzag manner at a very high speed. The offending vehicle came on its wrong side causing the accident which resulted in the death of the deceased and injury to the pillion rider. Accordingly, two claim applications were filed before the Tribunal alleging rash and negligent driving on the part of the driver of the offending vehicle.

(3.) IT may not be out of place to mention that, admittedly, the impugned award in the injury case of Vinay Suri has attained finality in as much as a revision petition filed against the award has been dismissed by this court.