RITA SAINI Vs. RAJESH SAINI AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the award dated 02.11.20104 passed by the learned Motor Accident Claims Tribunal (for short 'Tribunal'), Amritsar, by Smt. Rita Saini, who was respondent no.5 in MACT case No. 12/FTC/2004. The said petition was filed by respondent no. 1 Rajesh Saini, his wife Smt. Kamni Saini, his minor sons namely Harmanjit Singh Saini and Bhavanjeet Singh Saini and Rattan Saini for grant compensation on account of the death of Smt. Sudesh Saini in the motor vehicular accident, which took place on 19.01.2001.

(2.) As per the case of the claimants, on 18.01.2001, Sheetal Singh Saini and his wife Sudesh Saini were traveling in Maruti Car No.PB-02-W-7072 and were going from Amritsar towards Fazilka. When, they reached in the area of village Mauja at about 2.00 P.M, a truck bearing registration No. RNK-2065 being driven rashly and negligently by Harmit Singh came and dashed with the car. The said car was entangled with the truck and was dragged on the road. Jaswant Singh, Sarpanch of the village Lamochar Kalan and his brother Baldev Singh witnessed the accident. All the four occupants of the car were found dead as a result of the injuries suffered in the accident including Sudesh Saini, the mother of present appellant as well as respondent no.1-Rajesh Saini. Respondent no.1-Rajesh Saini and others filed the claim petition for grant of the compensation.

(3.) The claim petition was contested by respondent-insurance company as well as the driver and owner of the truck in question.