ORIENTAL INSURANCE COMPANY LTD. Vs. TABSUM

JUDGEMENT

(1.) Smt.Tabsum aged about 23 years - wife, Baby Arshi aged about 6 years, Baby Samrin aged about 5 years, Baby Riya aged about 4 years and Baby Bushra aged about 3 years - minor daughters and Mrs.Hamidan aged about 55 years - mother of Shokeen, who lost his life in a motor vehicular accident, had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 against respondents i.e. Usman - driver, M/s Mapple Logistics Pvt. Ltd. through its Proprietor - owner and The Oriental Insurance Company Ltd. having its Branch at Sonipat - insurer of truck trailer having registration No.HR-38-R-9359 (hereinafter referred to as the offending vehicle) claiming compensation to the tune of Rs.70.00 lacs.

(2.) As per the case of the petitioners/claimants, on 22/1/2017 Shokeen son of Sh.Alisher(since deceased) along with another person by the name of Shokeen son of Sh.Sahidu was going to Kharkhoda for selling the clothes on their separate motorcycles; that deceased Shokeen was driving his motorcycle on the correct side of the road; that Shokeen son of Sh.Sahidu was following the said motorcycle on his separate motorcycle; that at about 12:00 O'clock when they had reached in front of Ranbhoomi Petrol Pump on Rohtak road in the area of village Jharoth, then the offending vehicle came from Sonipat side being driven by respondent No.1 - Usman at a very fast speed in A rash and negligent manner and hit against the motorcycle of Shokeen son of Alisher, with the result he fell down and tyre of the offending vehicle ran over him, resulting in his instant death; that formal FIR No.34 dtd. 22/1/2017 for the offences under Ss. 279, 304-A IPC was registered with Police Station Kharkhoda, District Sonipat regarding the incident. According to the petitioners/claimants deceased Shokeen was a cloth merchant and he used to earn Rs.50,000.00 per month from that business; that the claimants were fully dependent upon him for financial support; that as a result of death of Shokeen, they have lost the only earning member in the family.

(3.) On getting notice of the claim petition, all the respondents appeared and filed written statements contesting the claim petition. Issues on merits were framed. The parties were afforded opportunities to lead evidence. Thereafter, vide award dtd. 11/1/2018 while allowing the claim petition partly, the Tribunal granted compensation of Rs.22,12,000.00 along with interest @ 7.5% per annum from the date of filing of the petition till realization, the liability of all the three respondents being joint and several. The manner in which the compensation is to be apportioned was also given in the award.