BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. MURSALEEM

JUDGEMENT

(1.) This order shall dispose of two appeals i.e. FAO-627-2017 and FAO-642-2017, arising out of the same accident.

(2.) The claimants-Mursaleem @ Murslin and Mukeem (herein respondent No.1 in both the cases) have filed claim petitions under Sec. 166 of the Motor Vehicles Act, 1988, for the injuries suffered by them in a motor vehicular accident. As per the claim petitions, on 25/9/2015, when the petitioners were going to Pingwan from Mamlika on the motorcycle bearing registration No.HR-28E-6473, being driven For Subsequent orders see FAO-642-2017

(3.) by Mursaleem @ Murslin in a slow and moderate speed on the left hand side of the road, and reached near Village Nasirpuri in the area of Police Station Punhana, a truck bearing registration No.RJ-14GG-1178, being driven by respondent No.3 (herein) in a rash and negligent manner, struck with the claimants' motorcycle, resulting serious and multiple injuries on their persons. The driver (respondent No.3 herein) fled away from the spot after leaving the offending vehicle. For the injuries suffered by the claimants, they have become permanent disable and unable to do any work or earn anything. Resultantly, the claimants as well as their family members have suffered great financial loss as they were the only bread earner of their respective families.