ORIENTAL INSURANCE COMPANY Vs. BALJEET KAUR

JUDGEMENT

(1.) THIS judgment shall dispose of aforementioned two appeals i.e. FAO Nos. 4334 and 4336 of 2007, which have been filed by the Oriental Insurance Company challenging the award passed by Motor Accident Claims Tribunal, Hisar in Claim Petition No. 179 of 2001 and Claim Petition No. 46 of 2006 respectively. Moreover, both these claim petitions have arisen out of the same accident and the same were disposed of by a common award and in both these appeals, the aforesaid award has been challenged on the same grounds.

(2.) THE facts, which are necessary for disposal of these appeals, are that on 30.8.2004 Surender Singh (deceased) along with Surja Ram had started from village Talwandi Rana for Hisar on motor cycle bearing registration No. HR-20-G/4348, which was being driven by deceased Surender Singh at a moderate speed. When they reached in the area of village Talwandi Rana, a Tata Indica car bearing registration No. HR-20-H/8441, which was being driven by respondent-Raj Singh in a rash and negligent manner, came from the back side of Surender Singh deceased and struck into the motorcycle. Surender Singh and Surja Ram received serious and grievous injuries. Surender Singh died at the spot due to the injuries. Driver Raj Singh ran away from the spot with the vehicle after causing the accident. The FIR was also lodged in this regard. The legal representatives of deceased Surender Singh in Claim Petition No. 179 of 2001 and Surja Ram injured in Claim Petition No. 46 of 2006 sought compensation.

(3.) ON the basis of the pleadings of the parties, the following issues were framed by the Tribunal on 21.8.2006 :-