NEW INDIA ASSURANCE COMPANY Vs. SALOCHNA DEVI

JUDGEMENT

(1.) By this order, I shall dispose of two FAOs i.e. FAO-3844-2011(O&M) and FAO-3845-2011(O&M) filed on behalf of appellant -New India Assurance Company, which have arisen out of the same accident.

(2.) Briefly stated, facts of the case are that on 8/5/2009 Chander Pal along with his wife Smt.Salochna Devi was going from Yamuna Nagar to village Satpura, District Saharanpur on a motorcycle bearing registration No.UA-07L-9259; the motorcycle was being driven by Biram Singh @ Birham Pal on correct side of the road at a moderate speed; at about 5:30 a.m., when they reached within the area of village Mandouli, District Yamuna Nagar, then a tractor Massey Fergusen attached with a trolley bearing No.HR-01W/6539 (hereinafter referred to as the offending vehicle) loaded with logs of popular trees being driven by Daler Singh -respondent No.l in a rash and negligent manner came from opposite direction and while going on wrong side of the road hit against the motorcycle of Biram Singh @ Birham Pal, as a result all the three riders along with motorcycle fell down; the riders suffered multiple injuries; Biram Singh @ Birham Pal and Chander Pal died at the spot, whereas Salochna Devi injured was taken to hospital; the matter was reported to the police and a formal FIR in that regard was registered.

(3.) The legal representatives of deceased Chander Pal namely Smt.Salochna Devi - wife aged about 29 years and Sh.Data Ram - father aged about 55 years had brought a claim petition bearing MACT Case No.26T/12/12/9/18/5/2010 under Sec. 166 of the Motor Vehicles Act against respondents i.e. Daler Singh - driver, Gopal Singh - owner and New India Assurance Company - insurer of the offending vehicle, claiming compensation to the tune of Rs.10.00 lacs along with interest on account of death of Chander Pal in a motor vehicular accident.