BALWINDER KAUR AND OTHERS Vs. ASHA AND OTHERS

JUDGEMENT

(1.) In an unfortunate accident between two motorcycles, Jiwan, Charanjit, Nirmal Singh, Hashpreet Singh and Jaspreet Kaur lost their lives. On 22.02.2009, Nirmal Singh was driving motorcycle bearing registration No.HR-09B-6876. On the said motorcycle, Balwinder Kaur (sister of Nirmal Singh) and her two minor children were pillion rider. Satpal Singh brother-inlaw of Nirmal Singh i.e. husband of Balwinder Kaur was following them on his motorcycle. While going towards village Nalvi, (P.S.Shahabad) Kurukshetra i.e. Shahabad to Thol, the motorcycle bearing registration No.HR07K/6453 driven by Jiwan Kumar on which the pillion rider was Charanjit Singh, struck the motorcycle driven by Nirmal Singh. As a result of the accident, all six persons fell down. Nirmal Singh, Charanjit Singh and Hashpreet Singh died on the spot. Jiwan Kumar, Balwinder Kaur and Jaspreet Kaur were taken to CHC, Shahabad. Jiwan Kumar and Jaspreet Kaur died in the hospital. FIR No. 58 dated 22.02.2009 was registered against Jiwan Kumar at Police Station Shahabad.

(2.) Three claim petitions were filed by the legal heirs of Jiwan Kumar, Nirmal Singh and Charanjit Singh. The legal heirs of Nirmal Singh and Jiwan Kumar filed the claim petitions under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The legal heirs of Charanjit Singh filed a claim petition under Section 163-A of the Act. The Tribunal passed a common award dated 07.06.2010 in three claim petitions. The claim petition filed by the legal heirs of Jiwan Kumar, in MACT Case No.38 of 2009 was dismissed by the Tribunal holding that the accident occurred due to rash and negligent driving of Jiwan Kumar and hence, the claim petition under Section 166 of the Act is not maintainable. The other two claim petitions were allowed and a sum of Rs.6,22,000/- alongwith interest @ 9% was awarded to legal heirs of Nirmal Singh i.e. Balwinder Kaur and others in MACT Case No.78 of 2009 and a sum of Rs.4,18,000/- alongwith interest @ 9% was awarded to legal heirs of Charanjit i.e. Joginder Singh and another in MACT Case No.47 of 2009.

(3.) The present three appeals have been filed against the aforesaid award. FAO No.1202 of 2011 has been filed by the legal heirs of Jiwan Kumar being aggrieved of the dismissal of their claim petition. FAO Nos i.e 1329 and 1687 of 2011 have been filed for enhancement of compensation.