NATIONAL INSURANCE COMPANY LIMITED Vs. PARKASHI AND OTHERS

JUDGEMENT

(1.) This is an appeal by the Insurance Company (National Insurance Company Limited) against the Award of the Motor Accident Claims Tribunal, Jhajjar (for short 'the Tribunal'), in MACT Petition No. RBT-127 of 2014 whereby, a sum of Rs.9,48,600/- along with interest was ordered to be paid as compensation for the death of Rambir in a vehicular accident.

(2.) Brief facts of the case are that on 23.4.2014, Rambir (wrongly written as Ram Singh in the Award) was going on motorcycle bearing No.HR-10H-5634 to his field for harvesting the wheat crop and his brother, namely Pradeep was going to give food for labourers at his field. At about 10.30/11 p.m., Pradeep was standing on Jhajjar-Badli road to cross the road towards his field. In the meantime, when Rambir Singh tried to cross the road on his motorcycle from his fields, an Alto Car bearing No.DL-4C-AA- 4968, which was being driven by respondent No.3 - Surender Singh came from Jhajjar side in a rash and negligent manner at a very high speed and struck against the motorcycle of Rambir , due to which he fell down on the road and the motorcycle fell in the pit besides the road. Rambir sustained multiple grievous injuries resulting in his death. He was brought to Govt. Hospital, Jhajjar, where he was declared dead.

(3.) The legal representatives of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988 pleading that the deceased was aged about 45 years, he was doing agricultural work and was also running a milk dairy in the village and was earning Rs.20,000/- per month.