MADAN LAL Vs. SAVITA & ORS

JUDGEMENT

(1.) Through this common judgment, above titled four appeals are being disposed of viz, FAOs No. 346, 347 and 352 of 2014, filed by owner of the offending vehicle against granting of rights to respondent No.3-Insurance Company to recover the compensation amount from him on the ground that the driving licence of the offending driver respondent No.2 (Pardeep) was fake and FAO No.5473 of 2013 by the claimants for enhancement of compensation, modifying the consolidated impugned award dated 25.07.2013 of the Motor Accident Claims Tribunal, Narnaul, (in short 'the Tribunal'). For brevity facts are taken from FAO No.346 of 2014.

(2.) In nutshell, on 24.07.2010, one Sunil while driving tempo bearing Registration No.1-1R-19-6847 was going from Dholi to Mahendergarh carrying Sarvsmt. Nathi Devi and Savita Devi. When he reached near the canal bridge situated on Mahendergarh to Charkhi Dadri Road, offending truck bearing Registration No.HP-12-D-2055 driven by respondent No.2 namely Pardeep in FAO No.346 of 2014, respondent No.6 in FAO No.342 of 2014, respondent No.12 in FAO NO.347 of 2014 and respondent No.1 in FAO No.5473 of 2014, while coming from the wrong side in a rash and negligent manner, hit the aforesaid tempo driven by Sunil. As a result thereof, deceased Sunil along with occupants of his tempo received multiple grievous injuries. His tempo had also got damaged. Respondent No.2, Pardeep, after accident, fled away leaving offending truck at the spot. FIR No.258, dated 24.07.2010 under Sections 279/337/304-A IPC was registered at Police Station Mahendergarh against the offending driver Pardeep for causing the accident in question.

(3.) Sunil driver of the tempo and occupant Nathi Devi succumbed to their injuries, whereas occupant Savita Devi was discharged after proper medical treatment from Civil Hospital, Mahendergarh. Legal heirs of deceased Sunil and Nathi Devi and injured Savita Devi filed their respective claim petitions under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation against the death of Sunil and Nathi Devi and injuries suffered by Savita Devi.