SURAJBHAN Vs. NATIONAL INSURANCE COMPANY LTD AND OTHERS

JUDGEMENT

(1.) Petitioners Smt.Sarbati mother and Balwan father of Sh.Raj Kumar, an unfortunate victim of a road side accident, had brought a claim petition under Section 163-A of the Motor Vehicles Act, 1988 against respondents i.e. Sanjay driver, Surajbhan owner, National Insurance Company Ltd. insurer of truck/trailer bearing registration No.HR55G-3231(hereinafter referred to as the truck-trailer) claiming compensation to the tune of Rs.6 lacs along with interest at the rate of 24% per annum on account of death of Raj Kumar in a mishap.

(2.) According to the claimants, on 1.4.2010, Raj Kumar was coming towards Rewari from Bawal side in the truck/trailer driven by respondent No.1 Sanjay in a rash and negligent manner; that a TATA-407 having registration No.HR46A/8997 hit the truck-trailer, resultanlty, it dashed against a tree, as such, Raj Kumar suffered injuries and died at the spot; that an FIR No.114 for the offences under Sections 279, 337, 304-A IPC was registered regarding the accident with Police Station Model Town, Rewari; that the accident had been witnessed by Jitender son of Sh.Satnarayan, resident of village Karnawas, Tehsil & District Rewari. According to the claimants, the deceased was having good health; he was only son of his parents; that due to his death, life of claimants become miserable.

(3.) It may be mentioned here that both the claimants had expired during the pendency of the claim petition and Neelam daughter of deceased Balwan Singh brought on record as legal representative.