JATIN Vs. MANOJ

JUDGEMENT

(1.) Heard.

(2.) Briefly stated, facts of the case as per version of the claimants are that on 11.11.2013 at about 9:30 a.m. Jatin along with his maternal uncle Ashok and Sandeep son of Jagdish, a friend of Ashok, was coming from village Jhojhu Kala to Bhiwani on a motorcycle bearing registration No.HR19-C-9607 in connection with a personal work; that the said motorcycle was being driven by Sandeep on which Ashok and Jatin were pillion riding; that when the motorcycle reached near petrol pump within the area of village Haluwas, in the meanwhile a Bolero Camper bearing registration No.HR-64-7873 (hereinafter referred to as the offending vehicle) being driven by Manoj - respondent No.1 in a rash and negligent manner and at a high speed came from Bhiwani side and hit against the motorcycle, resultantly all the three riders fell down and received multiple injuries; that Sandeep Kumar succumbed to the injuries at the spot; that an ambulance was called and other two injured Jatin and Ashok were taken to General Hospital, Bhiwani, however the attending doctor referred Ashok to PGI, Rohtak where he was declared dead and Jatin was however treated; that FIR No.855 dated 11.11.2013 for the offences under Sections 279 and 304-A IPC was registered against respondent No.1 - Manoj with Police Station Sadar, Bhiwani.

(3.) Petitioner Smt.Sushila Devi - mother of deceased Sandeep had brought a claim petition bearing MACT Petition No.7 of 2014 against respondents i.e. Manoj - driver, Ramesh Kumar - owner and National Insurance Company Ltd. - insurer of the offending vehicle, claiming compensation to the tune of Rs.50 lacs on account of death of her son Sandeep in a motor vehicular accident.