NATIONAL INSURANCE COMPANY LIMITED Vs. RAJESH KUMARI

JUDGEMENT

(1.) This judgement shall dispose of FAO No.3500 of 2019 and FAO No. 878 of 2019 as both these appeals arise from award dated 05.09.2018, passed by the learned Motor Accident Claims Tribunal, Jhajjar (for short 'tribunal').

(2.) As per the averments in the claim petition under Section 166 of the Motor Vehicles Act (for short 'M.V.Act'), Ashok Kumar (deceased) on 11.03.2017, was going to his village Sarola, on a motorcycle bearing registration no. HR-14-H-9837 at a moderate speed and on the correct side of the road. At about, 9.30.p.m., when he reached near Fatehpuri turn on Jhajjar-Kosli Road, a Maruti Car bearing registration no. HR-26-Y-7227, driven by respondent no.1-Neeraj Yadav, in a rash and negligent manner came from the side of Kosli towards its wrong side and struck against the motorcycle of Ashok Kumar. As a result thereof, Ashok Kumar fell down on the road and suffered serious and fatal injuries. Ashok Kumar was taken to General Hospital, Jhajjar and after providing first aid, he was referred to PGIMS, Rohtak, where he was declared 'brought dead'. FIR no. 196 dated 12.03.2017, under Sections 279, 304-A IPC, Police Station Jhajjar, was registered against respondent no.1-Neeraj Yadav, in this respect. The deceased was stated to be serving with Indian Tibet Border Police (ITBP), receiving a salary of Rs.50,000/- per month. Compensation was thus claimed.

(3.) Learned Tribunal concluded that the accident in question was caused due to rash and negligent driving of the offending vehicle by respondent no.1-Neeraj Yadav. There is no challenge to this finding of the learned tribunal.