KHUSWANT SINGH Vs. SURJEET AND ANOTHER

JUDGEMENT

(1.) Both the present appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') by the claimants arising out of the common impugned Award dated 16.04.2010, passed by learned Motor Accident Claims Tribunal, Rewari (for short 'the Tribunal') and thus, the same are being disposed off by way of common order.

(2.) Fao No.4724 of 2010 has been filed on account of the injuries suffered by the appellant/claimant-Khuswant Singh, whereas FAO No.4725 of 2010 has been filed by the husband, minor son, father-in-law and grand father-in-law of deceased-Upasna for her death.

(3.) Brief facts are that on 16.05.2008, appellant/claimant-Khuswant Singh (injured) along with his wife-Upasna (since deceased) and minor sonPulkit were returning to their Village from Gurgaon after attending a marriage in their Car bearing registration No.HR-35-C-2141, which was being driven by claimant-Khuswant Singh at a normal speed. At about 11:30/11:45 PM, when they reached in the area of Village Sidhrawali on the National Highway No.8, then a Canter bearing registration No.HR-55-E1179 (for short 'offending vehicle'), being driven by respondent No.1- Surjeet (driver-cum-owner of the offending vehicle) in a very rash and negligent manner and at a very high speed, came from the side of Village Gujjar Ghatal and hit their Car. Resultantly, all the occupants of the Car sustained injuries and which proved fatal for Upasna (deceased). The claimant and his minor son sustained multiple grievous injuries and FIR No.31 dated 17.05.2008, under Sections 279, 337 and 304-A, IPC was registered at Police Station Bilaspur, District Gurgaon against respondent No.1. Specifically averred that accident in question was caused on account of rash and negligent driving of the offending vehicle by respondent No.1- Surjeet.