NEW INDIA ASSURANCE CO. LTD Vs. SUNITA AGGARWAL

JUDGEMENT

(1.) By this common order FAO Nos.5057 and 7396 of 2017 (O&M) are being decided. Both the appeals have arisen from the same award dtd. 14/3/2017 passed by the Motor Accidents Claims Tribunal, Chandigarh (hereinafter to be referred as 'the Tribunal'), therefore, for brevity common facts are being recorded.

(2.) The accident took place on 17/1/2016 at about 5.30 1 of 12 p.m., when Nikhil Aggarwal (since deceased) was going from Chopta to Rishikesh on his motorcycle. Aman Bansal was pillion rider on the said motorcycle. When they reached in the area of village Baagwan, the offending truck belonging to respondent No.1, driven by respondent No.3, came from behind in a rash and negligent manner and struck against the motorcycle of deceased Nikhil Aggarwal. As a result of that impact, the occupants of the motorcycle fell down on the road. Nikhil Aggarwal died at the spot, whereas Aman Bansal received injuries. FIR was registered under Ss. 279, 337, 338, 304-A IPC at police station Laltha Patto, District Tehri Garhwal, Uttrakhand against driver of the offending vehicle.

(3.) A claim petition was filed by the parents of deceased Nikhil Aggarwal. Complainant Surender Kumar Aggarwal, father of the deceased appeared as PW-1, whereas eyewitness Aman Bansal appeared as PW-2. Mr. Aashish Saxena, Assistant Manager, Human Resources, Snapdeal appeared as PW-3 and Mr. Tarsem Singh, Deputy Manager, ICICI Bank appeared as PW-4.