LAWS(P&H)-2009-10-75

NATIONAL INSURANCE COMPANY LTD Vs. SANJAY KUMAR

Decided On October 07, 2009
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
SANJAY KUMAR Respondents

JUDGEMENT

(1.) THESE three appeals preferred by National Insurance Company Limited, against the Award dated 29.01.2004, passed by the Motor Accident Claims Tribunal, Rohtak, are being disposed of by a common judgment.

(2.) THE Motor Accident Claims Tribunal, Rohtak, awarded compensation as under :-

(3.) THE facts necessary for disposal of the appeals are that on 09.04.2000, Sanjay Kumar, Satyender and Smt.Rani (all claimants) were coming in a jeep bearing registration No. HR-13/5868 being driven by respondent No. 1 rashly and negligently. Despite the requests made by the occupants of the jeep, respondent No. 1 did not pay any heed, and when the jeep was near Gandhra turning, rear side tyre of jeep burst and resultantly, respondent No. 1 lost control and the jeep turned turtle. The claimants having suffered injuries were shifted to PGIMS, Rohtak. A criminal case was also registered against respondent No. 1. As an aftermath of the accident, claimants sought compensation by filing three claim petitions which were contested by the respondent. All the claim petitions were tried together.