NATIONAL INSURANCE COMPANY LTD Vs. RAJBALA

JUDGEMENT

(1.) This judgment shall dispose of FAO No.6062 of 2015 (National Insurance Company Ltd. v. Rajbala and others) and FAO No.7150 of 2015 (Prem and another v. Kirpal Singh and others), as both the appeals arise out of award dtd. 26/5/2015 passed by the learned Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as, the 'Tribunal').

(2.) Brief facts necessary for adjudication of the case are that, a petition under Sec. 166 of the Motor Vehicles Act (in short, 'the Act') was filed by the claimants i.e., parents, widow and two minor children of the deceased, seeking compensation on account of the death of Wazir Singh, who lost his life in a motor vehicle accident which took place on 13/6/2014. FIR No.142 dtd. 13/6/2014 (Ex.P5) under Ss. 279/304A IPC was registered at Police Station Siwani in respect to the incident on the statement of PW2 Rajesh. The deceased-Wazir Singh was claimed to 27 years old and engaged in the work of supplying building material etc. He was also stated to be the owner of two goods vehicles, besides one Jeep, earning a sum of Rs.50,000.00 to Rs.60,000.00 per month. Compensation was thus prayed for.

(3.) Following issues were framed by the learned Tribunal on the basis of pleadings of the parties:-