POONAM Vs. RAJ KUMAR

JUDGEMENT

(1.) This order shall dispose of abovementioned two appeal i.e. FAO-3726-2004 and FAO-3727-2004 as the same arise out of the same award dated 9.6.2004 passed by Motor Accident Claims Tribunal, Rohtak (for short 'the Tribunal'). For brevity, the facts are being taken from FAO-3726-2004.

(2.) The facts of the case are that on 4.5.2003, Jaibir, aged about 21 years, (date of birth 12.11.1981), along with Yashbir, aged about 20 years, (date of birth 4.9.1983), as pillion rider, were riding a motor cycle bearing registration number HR-11/4325. At about 7.00 p.m., when they reached near the bridge on Rohtak-Jind Road, a vehicle make Tata 407 bearing registration number HR-56/0875 being driven by respondent No. 1-Raj Kumar rashly and negligently and at a very high speed came from Lakhan Majra side and hit the motorcycle. Respondent No. 1-Raj Kumar fled away from the spot. Both the Jaibir and Yashbir were injured. Raj Kumar and Om Parkash who were working in the nearby fields removed the injured to Post Graduate Institute of Medical Sciences (PGIMS), Rohtak. Jaibir was declared brought dead whereas Yashbir was having serious injuries. He also scummbed to the injuries on 9.5.2003. An FIR under Sections 279/337/304-A of the Indian Penal Code 1860 was registered at Police Station Meham.

(3.) It is stated that Jaibir was serving in Haryana Armed Police and was getting salary of Rs. 5447/- per month. He was sole bread earner of the family and his wife-Poonam, minor son-Aakash and mother-Ram Rati along with other claimants were dependents upon him. Regarding Yashbir, it is stated that he was 20 years of age. He was a good athlete. He represented Maharishi Dayanand University, Rohtak in basket ball. He was selected as Commando in Haryana police and was to join his duties on 22.5.2003 but he met with an accident and expired on 9.5.2003. He was earning Rs. 5325/- per month.