NEW INDIA ASSURANCE COMPANY LIMITED Vs. SMT. SUNITA

JUDGEMENT

(1.) Present appeals have been filed by The New India Assurance Company Limited challenging award dated 27.09.2017 passed by the learned Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as the 'Tribunal'). Learned Tribunal vide consolidated award dated 27.09.2017 has decided four claim petitions arising out of the same accident.

(2.) Brief facts which are common to all the cases are that Devender (since deceased) alongwith his family members Sunita - his wife, Kavita wife of Jatin, Parshant son of Jaideep, Kamlesh wife of Ram Parshad, Sunita wife of Jaideep were proceeding to Kurukshetra in a three wheeler, which was driven by Jaideep son of Dharambir. When they reached near Kambopura, District Karnal on G.T. Road, a truck/trala bearing registration No. HR-69B-8997 came to the G.T. Road from a side driven by respondent - Anil in a rash and negligent manner, hit the three wheeler being driven by Jaideep. Due to this impact, they fell on the road and received multiple injuries. They were taken to the Trauma Centre, General Hospital, Karnal. Devender succumbed to his injuries. All the other occupants sustained serious injuries.

(3.) Respondents Nos. 1 to 3 (in FAO No. 2036 of 2018) filed MACT Petition No. 78 of 2017 under Sec. 166 of the Motor Vehicles Act seeking compensation on account of death of Devender on 14.11.2016 in a motor vehicle accident caused due to driving of the offending vehicle bearing registration No. HR-69B-8997 by respondent - Anil in a rash and negligent manner.