NEW INDIA ASSURANCE CO. LTD. Vs. GEETA DEVI

JUDGEMENT

(1.) Briefly stated, the facts of the case are that claimants Smt.Geeta Devi and five other legal representatives of Sh.Birham Parkash and deceased had brought a claim petition under Sec. 166 of the Motor Vehicles Act, on the averments that deceased Sh.Birham Parkash running a grocery shop at village Nanu Kalan on 3/4/2009 had gone to Rewari in a three wheeler auto rickshaw bearing registration No.HR-47A-3184 (hereinafter referred to as the offending vehicle); that at about 4:00 p.m. when he was returning in that very three wheeler after making purchases, then the said vehicle over turned due to its rash and negligent driving by its driver Sanjay and respondent No.2; that Sh.Birham Parkash had suffered injuries in that mishap; that he was shifted to Pushpanjali Hospital for treatment but he succumbed to the injuries on the next day i.e. on 4/4/2009; that an FIR No.136 dtd. 16/7/2009 for the offences under Ss. 279, 304 and 120-B was registered at Police Station Pataudi, claiming compensation of Rs.20.00 lacs impleading owner, driver and insurer of the offending vehicle as respondents.

(2.) Notice of the claim petition was given to respondents. Respondents No.1, 1A, 1-B, 2 and 3 put in appearance and filed separate written statements contesting the claim petition praying for its dismissal.

(3.) On the pleadings of the parties, following issues were framed:-