NATIONAL INSURANCE COMPANY LTD. Vs. ANGREJ PATI

JUDGEMENT

(1.) By this common order, I intend to dispose of FAO 1043 of 2016, titled as 'National Insurance Company Ltd. vs. Smt. Angrej Pati and others' and FAO-7147-2016, titled as 'Shamsher Singh and another vs. Smt. Angrej Pati and others', as both these appeals have arisen out of the same award.

(2.) Briefly stated, facts of the case are that Smt. Angrej Pati, aged 40 years, widow, Miss Nishu, aged 20 years, Miss Renu, aged 17 years - daughters and Vikram, aged 14 years minor son and Smt. Om Pati, aged 65 years - mother of Bijender Singh, a victim of a roadside accident, had brought a claim petition under Section 166 of the Motor Vehicles Act, against respondents i.e. Shamsher Singh - driver, Wazir Singh - owner and the National Insurance Company Limited, Hisar - insurer of tractor bearing registration No. HR 80- 8874 (hereinafter to be referred as 'the offending vehicle'), claiming compensation to the tune of Rs.20 lacs with interest.

(3.) As per version of the petitioners-claimants on 3.5.2014, deceased Bijender Singh was returning to his village Pabra, District Hisar, from Barwala, District Hisar, on his moped No. HR-20-W- 3299. When he reached ahead of village Khedar on Khedar-Pabra road, village Khedar, in the meanwhile the offending vehicle, being driven by respondent No.1 - Shamsher Singh, in a rash and negligent manner, came from opposite side and hit frontal tyre of the offending vehicle rammed into Moped of deceased Bijender Singh by going on wrong side. Resultantly, Bijender Singh fell down on the road and received multiple grievous injuries. Lilu Ram, brother of Bijender Singh, who was following him on his motorcycle, shifted him to Janta Hospital, Barwala, but due to his serious condition, he was shifted to Jindal Hospital, Hisar. However, Bijender Singh succumbed to his injuries on 13.5.2014. FIR No. 186 dated 3.5.2014, for offences under Sections 279, 337 IPC was registered against respondent No.1 - Shamsher Singh at Police Station Barwala.