GIAN SINGH Vs. ASHOK

JUDGEMENT

(1.) Vide this common order, FAO No.6482 of 2016 titled Gian Singh Vs. Ashok and others and FAO No.6965 of 2016 titled Pushpa and others Vs. Ashok and others are being disposed of. Common facts are being noticed.

(2.) Both the appeals have been preferred against the award dtd. 24/5/2016 passed by Motor Accident Claims Tribunal, Rohtak (for short 'The Tribunal').

(3.) Brief facts of the case are that on 9/12/2013 at about 9:30 A.M, Virender Singh along with Azad was traveling on a motorcycle. They were following Jitender Singh who was plying his motorcycle. At about 10.00 A.M, when they reached near Johri Wala Mandir near old Sugar Mill, a Canter Eicher loaded with garbage owned by Municipal Corporation, Rohtak came from behind in a rash and negligent manner and after crossing the motorcycle of Virender Singh, struck against the motorcycle of Jitender Singh. Jitender Singh fell on the ground and received many grievous injuries. On inquiry, driver of the canter was found to be Ashok Kumar who was impleaded as respondent No.1 before the Tribunal. A criminal case was registered against the driver of the offending vehicle. Jitender Singh succumbed to his injuries and as a result of that, culpability was enhanced to Sec. 304-A IPC as well. Respondent No.2 was Executive Officer of Municipal Corporation, Rohtak who was owner of the offending vehicle. Respondent No.3 was impleaded being Insurance Company of the vehicle in question.