SUMAN Vs. ANIL KUMAR

JUDGEMENT

(1.) By this order, I shall dispose of two FAOs i.e. FAO-4700- 2012 filed on behalf of appellants/claimants Suman and others and FAO- 4701-2012 filed on behalf of appellant/claimant Pardeep Kumar, which have arisen out of the same accident.

(2.) Briefly stated, the facts of the case as per the version of the claimants/petitioners are that on 22/3/2010 Pardeep Kumar son of Dharambir, resident of village Bhangarh, Tehsil and District Bhiwani along with Sh.Krishan Kumar son of Mahabir, resident of the same village were returning to their village Bhangarh from Bhiwani on a motorcycle having registration No.HR16E-8165; the motorcycle was being driven by Pardeep Kumar at a moderate speed on the left side of the road; that when the motorcycle with the riders aforesaid had reached near village Haluwas turn, then an Ambassador car bearing registration No.DL-4S-AC-0004 (hereinafter referred to as the offending vehicle) driven by respondent No.1 - Anil Kumar in a rash and negligent manner came from the opposite side and struck against the motorcycle, as a result both the riders of motorcycle fell down and suffered multiple injuries; that the motorcycle had also fallen on the ground; after the mishap, the offending vehicle driver sped it away; that Pardeep Kumar injured was hospitalized and he was medically treated, whereas injured Krishan Kumar had succumbed to the injuries suffered by him in the accident; the accident was witnessed by one Sh.Sanjay son of Sh.Mahabir; the matter was reported to the police by one Sh.Vinod son of Sh.Mahavir, resident of village Bhangarh, on the basis of which formal FIR No.124 dtd. 23/3/2010 for the offences under Ss. 279, 337, 304-A IPC was registered with Police Station Sadar, Bhiwani.

(3.) Petitioner/claimant - Pardeep Kumar had filed a claim petition bearing MACT Case No.184 of 2010/2011 under Sec. 166 of Motor Vehicles Act against respondents i.e. Anil Kumar - driver-cum- owner and New India Assurance Company Ltd. - insurer of the offending vehicle claiming compensation on account of injuries suffered by him in the motor vehicular accident.