LAWS(P&H)-1997-1-111

RAM CHAND MALIK Vs. SARWAN SINGH

Decided On January 07, 1997
RAM CHAND MALIK Appellant
V/S
SARWAN SINGH Respondents

JUDGEMENT

(1.) FAOS No. 633 and 634 of 1994 were ordered to be heard together with CR Nos. 4034 and 4035 of 1991, but at the time of addressing arguments, these two revision petitions were not pressed by the counsel for the petitioners therein and, therefore, they are accordingly dismissed, though, we will make a brief reference to the circumstances under which these revision petitions came to be filed.

(2.) FAO Nos. 633 and 634 of 1994 arise out of the common judgment rendered on 29. 8. 1991 by the Motor Accident Claims Tribunal, Kurukshetra in MACT case Nos. 19 of 1990, 105 of 1990, 29 of 1990 and 30 of 1990. All these MACT cases were filed by the respective petitioners claiming compensation either for the death or" injuries or the damage to the vehicle in a motor accident which took place on the night to 9. 12. 1988. We dispose of all these matters by this common judgment.

(3.) THE facts which are necessary for our purpose, are as follows : (1) On the night of 9. 12. 1988, Surinder Singh (since deceased) started from Panchkula to Faridabad as a driver in Truck No. PUI-8197. At about 12. 15 at midnight when Surinder Singh was driving the said truck slowly and reached near Village Masana, the 1st respondent-Daljit Singh coming from the opposite side, driving his truck No. HYS-3396 rashly and negligently come to the wrong side, hit against truck No. HNQ-1157, which was going ahead of the truck of deceased Surinder Singh, and then hit against truck No. PUI-8197 driven by Surinder Singh, deceased. Surinder Singh, who received fatal injuries as a result thereof, died. That is why, his parents, Sarwan Singh and Preet alongwith brothers and sisters of the deceased Surinder Singh, filed an MACT Case No. 19 of 1990 claiming Rs. three lakhs as compensation for the death of Surinder Singh.