BEDO DEVI Vs. SUSHIL KUMAR @ GILA

JUDGEMENT

(1.) Heard. For the reasons mentioned in the applications, the same are allowed and delay of 28 days in filing of FAO-3868-2012 and delay of 29 days in filing of FAO-3869-2012 stand condoned. FAO-2394-2012(O&M);

(2.) By this order, I shall dispose of four FAO-2394-2012(O&M), FAO-2395-2012(O&M) filed on behalf of the claimants and FAO-3868- 2012(O&M), FAO-3869-2012(O&M) filed on behalf of insurance company, which have arisen out of the same accident Briefly stated, the facts of the case as per the version of the claimants are that on 28.11.2010 Bhim Singh and Mange Ram were going from village Budana to village Badhana in a car bearing registration No.HR-12D-7617 being driven by Bhim Singh; their relative Dalbir Singh was following the car on his motorcycle; at about 7:30/8:00 p.m. when they had reached near village Shahpur on Dhankhari road, in the meanwhile a Tata - 407 canter bearing registration No.HR-56-7804 (hereinafter referred to as the offending vehicle) driven by respondent No.1 - Sushil Kumar @ Gila in a rash and negligent manner and at a high speed, came from opposite side and hit the car being driven by Bhim Singh having Mange Ram as its occupant; resultantly both of them suffered serious injuries and became unconscious; after the mishap, respondent No.1 - Sushil Kumar @ Gila sped away his vehicle; after seeing the accident Dalbir Singh also become unconscious; all three of them were shifted to General Hospital, Jind, however on reaching there, Bhim Singh and Mange Ram succumbed to the injuries; postmortem examination on their dead bodies was conducted; formal FIR No.362 dated 28.11.2010 for the offences under Sections 279 and 304-A IPC was registered at Police Station Sadar, Jind in respect of the accident.

(3.) The legal heirs/legal representatives of deceased Mange Ram i.e. his widow - Smt.Jiwani and sons - Surender and Ajit had filed a claim petition under Section 166 of the Motor Vehicles Act bearing MACT Case No.193 of 2010 against respondents i.e. Sushil Kumar @ Gila - driver, Hari Pal - owner and United India Insurance Company Ltd. insurer of the offending vehicle, claiming compensation to the tune of Rs.25 lakhs contending that deceased Mange Ram was aged about 58 years and was an agriculturist owning 8 acres of land besides engaged in avocation of dairy farming and was earning Rs.20,000/- per month; a sum of Rs.40,000/- was spent on transportation of his dead body and performing his last rites; the claimants were fully dependent upon the earnings of the deceased.