RAMESH CHAND Vs. VIJENDER SINGH

JUDGEMENT

(1.) CM No. 5077 CII of 2015

(2.) In brief, the facts are that on 6.9.2011, the deceased was going to fetch medicines for himself on a motorcycle, which was being driven by his cousin Sachin. When they reached near Amit Kiryana Store, a tractor bearing registration No. PB-3D-6122 being driven by respondent No.1 in a rash and negligent manner hit them. As a result of which, Rajan Ketan received multiple serious and grievous injuries on various parts of his body. After causing the accident, the driver of the offending vehicle fled away from the spot. Unfortunately, on 14.9.2019 Rajan Ketan succumbed to the injuries suffered by him. The matter was reported to the police vide FIR No. 134 dated 15.9.2019 registered under Sections 279, 304-A of Indian Penal Code. Thereafter, claimants claimed compensation to the tune of Rs. 10 lacs with interest @ 18% per annum.

(3.) The claim petition was contested by the respondents, inter-alia, taking preliminary objections that the claim petition was not maintainable, no cause of action has arisen in favour of the claimants etc. On completion of the pleadings, issues were framed and thereafter evidence was led by the parties.