NATIONAL INSURANCE CO LTD Vs. BALA DEVI

JUDGEMENT

(1.) ON 2nd May, 1992, Dalbir Singh along with Naresh Kumar and Manoj Kumar left for village Gaddi Kher on scooter No. HYR 9340 from village Lakhan Majra. Dalbir Singh was driving the scooter. At about 9 p. m. when they reached near village Bahoo Jamalpur near Athgama Dharamshala, truck bearing No. HR 20-4587 being driven rashly and negligently by Prithi Singh came from Hissar side at a very fast speed and dashed against the scooter. As a result of the impact, Dalbir Singh died at the spot while Manoj Kumar and Naresh Kumar sustained serious injuries. Manoj Kumar and Naresh Kumar injured were taken to Medical College Hospital, Rohtak. Case FIR No. 103 dated 3. 5. 1992 was registered at Police Station Sadar, Rohtak Under Sections 279/337/304- A IPC against Prithi Singh, driver of the offending truck.

(2.) THIS accident gave rise to three claim petitions namely MACT No. 64 of 1992, 89 of 1992 and 90 of 1992. In case No. 64/1992, Smt. Bala Devi widow of Dalbir Singh, her minor children, her father-in-law and mother-in-law were the claimants.

(3.) IN Case No. 90/. 1992, Manoj Kumar injured was the claimant.