GINNI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order will dispose of F. A. O. No. 2710 of 1999 titled as Ginni v. Union of India, F. A. O. No. 2711 of 1999 titled as Sunita Gupta v. Union of India, F. A. O. No. 537 of 1999 titled as Union of India v. Ginni and F. A. O. No. 538 of 1999 titled as Union of India v. Sunita Gupta, arising out of the award dated 11. 11. 1998 passed by the Motor accidents Claims Tribunal, Ambala (for short 'the Tribunal' ). For facility of reference facts have been taken from F. A. O. No. 2710 of 1999.

(2.) THIS is an appeal filed by claimants challenging the award dated 11. 11. 1998 passed by the learned Tribunal in M. A. C. T. Case No. 115 dated 17. 5. 97 filed by Ginni devi, the widow of Jitender Kumar Gupta claiming a compensation of Rs. 5,00,000 for the injuries suffered by her. In the m. A. C. T. Case No. 118 dated 17. 5. 1997 filed by Ginni Devi, Babu Ram and Vimal kumar, compensation of Rs. 20,00,000 (rupees twenty lakh) on account of death of Jitender Gupta was claimed.

(3.) FACTS of the case are that on 5. 4. 1997 the deceased Sunil Kumar along with his father Jitender Kumar Gupta deceased, her mother Ginni Devi and one Bohti Devi, petitioners in M. A. C. T. Case Nos. 115 and 116 dated 17. 5. 1997 were proceeding from jind to Chandigarh in Maruti car bearing no. CH 01-C 0306. The said car was being driven by Sunil Kumar deceased. At about 8/8. 30 p. m. when this car reached near village Balana, District Ambala, a military truck bearing No. 76 D-2248q L was found parked on the metalled portion of the road without any indication of its parking by the driver. In view of the light of the incoming vehicle, his eyes were dazzled and accordingly sunil Kumar diverted his car towards extreme left, where he could not see the parked truck and resultantly the car hit the rear portion of the truck. It was claimed that the visibility was very poor at that time due to darkness and that the indicator of the said truck was also not on. It was further claimed that the accident had taken place due to negligence of the military truck driver. It was also claimed that due to said impact Sunil Kumar and Jitender kumar Gupta died on the spot while Ginni devi and Bohti Devi received injuries on their person. It was also claimed that the car was being driven at a normal and moderate speed.