SUNITA AND ANOTHER Vs. JAGDISH KUMAR AND OTHERS

JUDGEMENT

(1.) This order shall dispose of above noted two appeals i.e. FAO Nos. 3029 and 3254 of 2009. FAO No. 3254 of 2009 has been filed by the dependants of the deceased Dharam Singh claiming the enhancement of the amount of compensation awarded by the Tribunal. Likewise, FAO No. 3059 of 2009 has been filed by the dependants of Randhir Singh claiming the enhancement of amount of compensation awarded by the Tribunal.

(2.) Both the appeals are arising out of the claim petitions filed regarding the same accident. Therefore, both the claim petitions were decided by the Tribunal by a common award. Resultantly, the present appeals are also being decided by a common order.

(3.) The brief facts are that on 06.11.2007, Randhir Singh, along with other co-passengers, was travelling in a Santro Car bearing registration No. HR-11B-7501 which was being driven by Dharam Singh and they were going from Gohana to Rukhi. The car is claimed to be driven, at the relevant time, on the correct side of road by observing all the traffic rules at a moderate speed. At about 6:15 PM, their car reached near Satbir Bhatta on Gohana Road in the area of Village Bhainswan Khurd. One Trailer bearing registration No. HR-46E-3002 was going ahead of them. The driver of the trailer without giving any signal, all of sudden, stopped the trailer in the middle of the road, due to which, the Santro car struck against the trailer from behind. As a result of this accident, all the occupants of the Santro car received multiple injuries in the accident. Devender and Prem reached on the spot and they arranged the vehicle and shifted the injured persons to PGIMS, Rohtak for treatment. Rajesh, Dharam Singh and Randhir Singh succumbed to the injuries received in the accident. It was claimed that the accident had taken place due to rash and negligent driving of the Trailer by its driver. Further, it was pleaded Police Station, Baroda.