SUNITA DEVI Vs. AJAY PAL

JUDGEMENT

(1.) By this order, I shall dispose of two FAOs i.e. FAO-10187- 2014 filed on behalf of appellants - Smt.Sunita Devi and another and FAO-855-2015 filed on behalf of appellant - insurance company, which have arisen out of the same accident.

(2.) In nutshell, facts of the case are that petitioners/claimants Smt.Sunita Devi aged 36 years - mother and Sh.Niranjan aged about 38 years - father of Akshey Kumar, an unfortunate victim of a road side accident had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against the respondents i.e. Ajay Pal - driver, Aastha Public School, Basduda, Tehsil and District Rewari - owner and HDFC ERGO General Insurance Company Ltd. - insurer of bus bearing registration No.HR-47-8300 (hereinafter referred to as the offending bus), claiming compensation to the tune of Rs.50 lakhs.

(3.) As per version of the petitioners/claimants, on 21.2.2013 at about 3:30 p.m., their son Akshey Kumar was returning home from school in the bus belonging to the school, which was being driven by respondent No.1 - Ajay Pal in a rash and negligent manner and at a high speed without observing traffic rules; the front door of the bus was open and when the bus was going on Bohka-Dhani Kolala Kaccha passage, then suddenly Akshey Kumar fell down from the front door; the respondent No.1 stopped the bus a little distance ahead; Niranjan was coming from his fields on the same passage and the offending bus had passed by his side; he had seen Akshey Kumar falling down from the offending bus and when he reached nearby, he found that the boy, who had fallen down from the offending bus was his son Akshey Kumar; he immediately took Akshey Kumar to General Hospital, Rewari for treatment, where the doctor on duty declared him dead; the accident was reported to the police and FIR No.35 dated 21.2.2013 for the offences under Sections 279 and 304-A IPC was registered at Police Station Khol against respondent No.1 Ajay Pal.