UNITED INDIA INSURANCE COMPANY LTD. Vs. RAJ KUMARI

JUDGEMENT

(1.) Smt. Raj Kumari-widow, aged about 32 years, Rahul, aged about 05 years-minor son, Saniya aged about 03 years-minor daughter, Darshani Devi, aged about 65 years-mother and Prem Chand, aged about 66 years-father of Naresh Kumar, an unfortunate victim of a road side accident had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') against respondents i.e. Shyam Lal-driver, Asha Rani-owner and United India Insurance Company Ltd., Mohali-insurer of Maruti CarNo.HR-70-0171 (for brevity 'the offending car'), claiming compensation.

(2.) Briefly stated facts of the case are that on 15.02.2008, deceased Naresh Kumar along with Baljeet Chand @ Baljeet and Hari Singh was going from Shahzadpur to Village Kurali, Tehsil Naraingarh, District Ambala, on a new Splendor motorcycle without number which was being driven by deceased Naresh Kumar on correct left hand side of the road at a moderate speed. At about 8.30/9.00 PM, when they reached at Bibipur T-point on Shahzadpur to Ambli Road, in the meanwhile, the offending car being driven by respondent No.l in a very rash and negligent manner came from the opposite side. On seeing such type of driving of the car, Naresh Kumar took the motorcycle on extreme left hand side of the road on kacha berm but the offending car hit against the motorcycle by going on wrong side of the road. Resultantly, the three riders on the motorcycle fell down along with the motorcycle and suffered multiple injuries. Shy am Lal driver of the car stopped it but on seeing condition of the injured persons, he sped away the car. All the three injured were taken to Civil Hospital Naraingarh, however, on the way, Baljeet Singh succumbed to the injuries suffered by him in the accident. Injured Hari Singh and Naresh Kumar were referred to PGI, Chandigarh. Later on, Naresh Kumar also succumbed to the injuries. As per version of the claimants, Naresh Kumar was working as a shopkeeper and earning Rs.8000/- per month. The claimants were dependent upon his earnings. At the time of his death, he was aged about 30 years and was only bread winner of the family.

(3.) On getting notice, all the three respondents put in appearance.