GEETA DEVI Vs. SANDEEP

JUDGEMENT

(1.) Petitioners Geeta Devi, aged about 25 years and widow, Master Manjeet aged about 6 years and Master Aman aged about 4 years and minor sons and Baby Guddi, aged about 2 years and minor daughter of Sh.Satyawan son of Sh.Bhoop Singh, who had perished in a road side accident, had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 before the Motor Accidents Claims Tribunal, Bhiwani (hereinafter referred to as the Tribunal) against the respondents i.e. Sandeep and driver and Somveer and owner of motorcycle bearing registration No.HR-16E-1879 (hereinafter referred to as the offending vehicle), claiming compensation to the tune of Rs.50.00 lakhs.

(2.) In the claim petition, they had impleaded insurance company of the said motorcycle without giving its particulars mentioning that those were to be disclosed by respondents No.1 and 2 but it was not so done, as such, the insurance company is to be taken as not being there as respondent.

(3.) As per the case of the claimants, Satyawan deceased was aged about 30 years and was engaged in avocation of agriculture, dairy farming and trading and his total income from all the sources was Rs.30,000.00 per month. They further contended that on the fateful day i.e. on 21/10/2006, the deceased was pillion riding motorcycle bearing registration No.HR-22-1166 being driven by his cousin having the same name i.e. Satyawan son of Partap Singh; that they were returning from the fields of Sh.Hoshiar Singh; however the offending vehicle being driven by respondent No.1 Sandeep in a rash and negligent manner at a very high speed came from Khanak side and struck against their motorcycle, resultantly the ill-fated motorcycle bearing registration No.HR-22-1166 got entangled with the offending vehicle and Satyawan, now deceased was also dragged along with the motorcycle for some distance and he suffered multiple injuries including those on head; that he was removed to Sharma Hospital, Tosham for treatment but keeping in view his serious condition, he was referred to Sarvodya Hospital, Hisar; unfortunately Satyawan succumbed to the injuries after 5 days; that an FIR No.223 dtd. 26/10/2006 for the offences under Ss. 279 and 304-A IPC was registered regarding the accident on the basis of statement of Satyawan son of Partap Singh; that post-mortem examination on the dead body of the deceased was conducted at General Hospital, Hisar.