RAM GENERAL INSURANCE COMPANY LTD. Vs. ISHWAR SINGH

JUDGEMENT

(1.) This order shall dispose of aforesaid two appeals as common questions of law and facts are involved in both the appeals.

(2.) The award dtd. 27/7/2012 passed by Motor Accident Claims Tribunal, Kaithal (for brevity 'the Tribunal') has been assailed by the insurer of the truck bearing registration No. HR-37B-7032 (hereinafter referred to as 'offending vehicle').

(3.) The facts emanating from the record are that on 26/12/2009, Sudesh Kumar (deceased) alongwith his brother Mukesh Kumar Ranga and his cousin Jasvir was coming back from village Kalayat. Sudesh Kumar was driving his motorcycle. Mukesh Kumar Ranga and Jasvir were travelling on another motor cycle bearing registration No. HR-8E-7964. When they reached near Bus Stand of village Dumara, the offending vehicle which was being driven in a rash and negligent manner came from the opposite side at a very high speed and without blowing any horn struck into the motorcycle of Sudesh Kumar in a rash and negligent manner. It also hit two other persons who were sitting on the side of the road. As a result of the impact Sudesh Kumar lost his life and Prem Singh suffered injuries. FIR was registered at Police Station Kalayat.