RANI DEVI Vs. SARBATI DEVI

JUDGEMENT

(1.) This order disposes of the aforementioned four appeals arising out of a consolidated award rendered by the Motor Accident Claims Tribunal, Kurukshetra on 16.08.2013 in the same accident.

(2.) In FAO No.4628 of 2013 (MACT Case No.99 of 2012), Rani Devi has challenged the award, whereby compensation of Rs. 30,40,200/- has been awarded to Sarbati Devi and Raghbir Singh; in FAO No.4953 of 2013 (MACT Case No.98 of 2012), Rani Devi challenges the award, whereby her claim for compensation of Rs. 50 lacs on account of death of her daughter-inlaw Sarita was dismissed; and in FAO No.5727 of 2013 (MACT Case No.97 of 2012), Rani Devi lays challenge to the award, whereby her claim for compensation of Rs. 50 lacs on account of death of her son Raj Kumar was dismissed; while FAO No.6054 of 2013 has been preferred by the Insurance Company challenging the award, whereby an amount of Rs. 30,40,200/- by way of compensation has been awarded to Sarbati Devi and Raghbir Singh on account of death of their daughter Sarita late wife of deceased Raj Kumar.

(3.) The brief facts are that on 02.07.2010, Raj Kumar and his wife, namely, Sarita, a newly married couple, were travelling by road from Kurukshetra on their way to Village Bhainsi Majra on a motorcycle bearing No.HR-41D-0638, Raj Kumar riding with his wife sitting pillion. They were accompanied by Balwan Singh and Ramesh Kumar on a separate motorcycle bearing No.HR-41C-7038. At about 9.00 PM, when Raj Kumar and his wife Sarita reached near TERI College on Kurukshetra-Dhand road, after crossing the bus-stand in Kamoda, the offending truck bearing registration No.HR-46B-4434, with respondent No.1 on the steering coming at a very high speed struck the motorcycle from behind rashly and negligently. Raj Kumar and Sarita lost control and fell down on the road and unfortunately the front wheel of the truck crushed them to death on the spot.