ORIENTAL INSURANCE COMPANY LIMITED Vs. ARCHIT SAINI (P&H)

JUDGEMENT

(1.) Keeping in view the grounds mentioned in the applications, the same are allowed and the delay of 119 days in filing the appeals stands condoned.

(2.) Brief facts of the case are that on 15.12.2011, Archit Saini and Gauri Saini along with their parents Vinod Kumar Saini and Mamta Saini were coming from Srinagar to Yamuna Nagar in Car bearing registration No.HR02-K-0448, being driven by Vinod Saini. At about 10.30 PM, when they reached in front of Sadha Chula Dhaba in the area of Police Station Sujanpur, near Pathankot, District Gurdaspur, a Gas Tanker bearing registration No.JK02-AF-8590 had been parked on the road without parking lights or indicator. Due to the traffic light coming from the opposite side, the driver, Vinod Kumar Saini could not see the wrongly parked above said offending tanker and the car struck against the protruding girder/chassis of offending vehicle. The car was completely damaged and Vinod Kumar Saini and Mamta Saini, who were sitting on the front seats of the car died on the spot, whereas, the appellants-Archit Saini and his sister-Gauri Saini, suffered multiple grievous injuries, on their bodies.

(3.) In this regard, an FIR No.155 dated 16.12.2011, under Sections 337, 338, 427 and 304-A IPC, in respect of the accident in question was got registered at Police Station Sujanpur, District Gurdaspur (Pb).