BHAJNI DEVI Vs. BALWINDER SINGH @ BINDER

JUDGEMENT

(1.) Vide this judgment, I intend to dispose of two appeals, bearing FAO No. 4136-2015 titled as Bhajni Devi and others vs. Balwinder Singh @ Binder and others and FAO No. 4137-2015 titled as Mahinder Singh and others vs. Balwinder Singh @ Binder and others, as both these appeals have arisen out of the same award.

(2.) Briefly stated, facts of the case are that on 6.10.2013, one Bhajna Ram, alongwith his wife Bhajni Devi, besides Mahinder Ram, Paramjeet, Raj Kumar, Kashmira, Preeto Devi (since deceased), Amriko Devi, Gaurav and Komal, were going from their village Kangthali to Grain Market Rajpura (Punjab), in Tata Pick-up bearing temporary No. HR-99DD-9753 having registration No. HR-74-8350, which was being driven by respondent No.1 - Balwinder Singh @ Binder, in a rash and negligent manner. Though he was asked by the persons travelling in the vehicle to drive the vehicle carefully at a moderate speed, but to no effect. When the vehicle was at a distance of 1 km from village Kangthali towards Cheeka side, then respondent No.1 - driver Balwinder Singh @ Binder, turned the vehicle towards his left side, as a result, the offending vehicle fell into ditches and turned turtle. All the occupants of the vehicle received multiple injuries. They were shifted to Mahabir Dal Hospital, Cheeka. However, on the way to hospital, Preeto Devi succumbed to the injuries and Bhajna Ram also succumbed to the injuries at General Hospital, Kaithal, on that very day. Formal FIR No. 109 dated 6.10.2013, for offences under Sections 279, 337, 304-A IPC, was registered at Police Station Siwan, against respondent No.1 - driver Balwinder Singh @ Binder.

(3.) The legal representatives of both the deceased have brought separate claim petitions under Section 166 of the Motor Vehicle Act. Legal representatives of Bhajna Ram, namely, Bhajni Devi widow aged about 40 years, Karamjit daughter aged about 19 years, Jagseer Singh a son aged about 17 years, Jyoti Devi aged about 15 years and Reena Devi aged about 12 years minor daughters and father Jattu Ram, aged about 82 years, had filed MACT case No. 77 of 2013 against Balwinder singh @ Binder - driver of Tata Pick-up bearing temporary No. HR-99DD-9753 having registration No. HR-74-8350 (hereinafter referred to as 'the offending vehicle), as well as Sawraj Singh - owner of the offending vehicle and the New India Assurance Co. Ltd., Kaithal, insurer of the said vehicle. Whereas legal representatives of Preeto Devi, namely, Mahinder Singh - husband, Mewa Ram aged about 26 years and Baldev aged about 15 years, sons of Preeto Devi, had filed separate claim petition against those very respondents bearing MACT No. 78 of 2013. Since both the claim petitions had arisen out of the same accident, they were tried together and decided vide a consolidated award.