SIMRAN (MINOR) Vs. RAMESH

JUDGEMENT

(1.) By this order, I shall dispose of four FAOs i.e. FAO-4603- 2015, FAO-4629-2015 filed on behalf of claimants, FAO-5463-2013 filed on behalf of owner and FAO-4923-2014 filed on behalf of appellant & Insurance Company, which have arisen out of the same accident.

(2.) Briefly stated, the facts of the case as can be gathered from the perusal of claim petitions are that on 31/5/2011 one Suresh was driving motorcycle having registration No.HR-05S/6018, on which Rinku was pillion riding; that at about 8:00 a.m. when they reached near Kutana turning point on Kohand-Moonak road, in the meanwhile a canter having registration No.HR-45/A-1306 being driven by Ramesh Kumar respondent No.1 in a rash and negligent manner came and hit the motorcycle, resultantly the motorcycle got entangled under front wheels of the canter and it was dragged to some distance; thereafter, the canter hit a bicycle, which was going ahead, in the process Rajinder and Deepak also received injuries; that Suresh, who was driving the ill-fated motorcycle had suffered multiple injuries, to which he succumbed at the spot; that the matter was reported to the police and and an FIR No.216 of 2011 for the offences under Ss. 279/337/304-A IPC was registered against the canter driver and Ramesh (respondent No.1).

(3.) Petitioner/claimant and Rajinder had filed a claim petition bearing No.RBT-110/2012 under Sec. 166 of Motor Vehicles Act against respondents i.e. Ramesh and driver, Jaipal and owner and Reliance General Insurance Company Ltd. - insurer of canter having registration No. HR-45/A-1306 (hereinafter referred to as the offending vehicle) claiming compensation on account of injuries suffered by him in the motor vehicular accident.