RANDHIR Vs. ANIL KUMAR @ KARAMBIR & ORS

JUDGEMENT

(1.) This order shall dispose of three appeals i.e. FAO No.5433 of 2014 titled as 'Randhir Versus Anil Kumar @ Karambir and others', FAO No. 5434 of 2014 titled as 'Sachin and others Versus Anil Kumar @ Karambir and others' and FAO No.5435 of 2014 titled as 'Partap and others Versus Anil Kumar @ Karambir and others', as all the appeals have been filed against the common award dated 10.01.2014 passed by Motor Accident Claims Tribunal, Panipat (for short, 'the Tribunal') and are arising out of the same accident. However, for brevity, facts are being taken from FAO No.5433 of 2014.

(2.) Before the Tribunal, three claim petitions under sections 166/140 of the Motor Vehicles Act, 1988 (for short 'the Act') were filed by the respective claimants. The claimant Randhir (in FAO No.5433 of 2014) filed a claim petition No.135 of 2012 for grant of compensation on account of injuries sustained by him in the accident whereas claimants Partap and others (in FAO No.5435 of 2014) filed claim petition No.136 of 2012 seeking compensation on account of death of Rajinder and claimants Sachin and others (FAO No.5434 of 2014) filed claim petition No.137 of 2012 for grant of compensation on account of death of Ramkesh.

(3.) Briefly stated, on 13.06.2010, the injured Randhir along with deceased-Rajinder and Ramkesh had gone to attend the marriage on a motorcycle bearing registration No.HR-06K-4833. The motorcycle was being driven by Rajinder (deceased). When they reached near Bhatta at Village Khotpura, in the meantime, a tractor-trolley bearing registration No.HR-05AA-3044 being driven in a rash and negligent manner hit against the motorcycle. As a result thereof, all the occupants of the motorcycle fell down on the road and received multiple injuries on their persons. Ramkesh succumbed to his injuries at the spot, whereas injured Randhir and Rajinder were shifted to Prem Hospital, Panipat. However, Rajinder expired during treatment on 21.06.2010. The injured Randhir telephonically informed one Rajesh Gupta and on whose statement, an FIR No.153 dated 14.06.2010 was registered at Police Station Sadar, Panipat. It was alleged that the accident took place due to rash and negligent driving of the offending tractor-trolley.