NATIONAL INSURANCE COMPANY LTD. Vs. BIMLA

JUDGEMENT

(1.) Briefly stated, facts of the case are that on 30/11/2015, Bijender @ Vijender (since deceased) along with his conductor/cleaner Hari Singh was returning from Kanpur after loading the canter having registration No.DL-ILT-6787; that the deceased Bijender @ Vijender was driving the said canter during the course of employment and instructions of its owner; that at about 3:00 p.m. when the canter reached a little ahead of Bichhwan crossing towards Kurawali, in the meanwhile a truck having registration No.HR55J-6415 (hereinafter referred to as the offending truck) being driven by Ram Ratan and respondent No.1 in a rash and negligent manner at a high speed in violation of traffic rules came from the opposite direction and by going on wrong side of road hit the canter being driven by Bijender @ Vijender, as a result Bijender @ Vijender and Hari Singh received multiple grievous injuries; that the injured were removed to District Hospital, Mainpuri, where Bijender @ Vijender succumbed to the injuries suffered by him in the road side accident and was declared dead, whereas Hari Singh was referred to Agra for further treatment; that formal FIR with regard to the accident bearing No.303 dtd. 1/12/2015 for the offences under Ss. 279, 338, 427, 304-A IPC was registered against respondent No.1 and Ram Ratan, driver and owner of the offending truck.

(2.) The parents of the deceased Bijender @ Vijender i.e. Smt.Bimla and mother and Sh.Ran Singh - father had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 against respondents i.e. Ram Ratan and driver-cum-owner and National Insurance Company - insurer of the offending truck.

(3.) Inter alia, in the petition, they contended that the deceased was aged about 28 years and was working as a driver of heavy goods vehicle earning an amount of Rs.20,000.00 per month besides Rs.300.00 as perks being daily allowance; that the claimants being parents of deceased were dependent upon his earnings. They prayed that compensation of Rs.66.00 lacs be granted to them.