SHRIRAM GENERAL INSURANCE COMPANY LTD Vs. MEENU

JUDGEMENT

(1.) By this order, I shall dispose of two FAOs i.e. FAO-3862- 2015(O&M) filed on behalf of appellant Shriram General Insurance Company Ltd. and FAO-4599-2015(O&M) filed on behalf of appellants Smt.Meenu and others, which have arisen out of the same accident.

(2.) Smt.Meenu wife, Master Jatin minor son, Baby Kanika minor daughter, Smt.Kamla Devi mother and Sh.Sant Lal father of Bhanwar Singh, who perished in a road side accident, had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against the respondents i.e. Satbir Singh driver, Proprietor M/s Kundu Construction Company, Rohtak owner and Shri Ram General Insurance Company Ltd. - insurer of the Dumper bearing registration No.HR-46B-8478 (hereinafter referred to as the offending vehicle), claiming compensation.

(3.) As per the case of the claimants, on the intervening night of 14/15 October, 2012, wife of Bhanwar Singh, namely, Meenu claimant was not feeling well, so Bhanwar Singh was asked telephonically to come home; that he started his journey from Badli for his village Dhour on a motorcycle; that he reached Jhajjar safely; that village Dhour is at a distance of 5 kms. from Jhajjar and it was a straight and newly constructed road, which leads to Beri; that Bhanwar Singh was driving the motorcycle on the left side of the road; that when he reached in front of hotel of Sat Narain, then a vehicle came from the opposite direction blinding the sight of the deceased by its high beam; that it was a complete dark night; the motorcycle driven by Bhanwar Singh dashed against the offending vehicle, which was parked on the metaled road, due to mechanical fault without adequate parking lights; that no indicators of the offending vehicle were blinking for cautioning the incoming vehicles; that no bushes or stones were scattered and no fire was burnt on the road; that as a result of impact, Bhanwar Singh received head injuries and he died instantaneously; that the accident was witnessed by Sat Narain, owner of the hotel, who was acquainted with the deceased; that Sat Narain immediately informed the petitioners; that relatives and neighbours rushed to the spot immediately and somebody informed the police; that the police reached at the spot at night time; that on account of death of Bhanwar Singh, his family members were in state of shock and they signed the papers as directed by the police; that after completion of necessary formalities by the police, the dead body was shifted to General Hospital, Jhajjar for autopsy; that the ill-fated motorcycle and the offending vehicle were taken into possession by the police from the spot. According to the claimants, the accident had taken place on account of sole negligence of respondent No.1 Satbir Singh. Mohan Lal, brother of the deceased lodged the FIR No.702 dated 24.10.2012 for the offences under Sections 283, 304-A IPC regarding the accident.