HEERA LAL AND ANOTHER Vs. KAMRUDEEN AND OTHERS

JUDGEMENT

(1.) Petitioners/claimants Heera Lal - father and Smt. Rama Devi - mother of Jai Singh, aged about 18 years, an unfortunate victim of a road side accident had initially brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against the respondents i.e. Kamrudeen - driver, Prem Parkash - owner of jeep bearing registration No.HR- 13/7015. With regard to the insurance company of the offending vehicle, its particulars were not given and rather it was mentioned that those would be supplied later on by respondents No.1 and 2. Subsequently, The Oriental Insurance Co. Ltd., New Delhi and Satyabir Singh existing owner of the jeep were added as respondents No.3 and 4, respectively.

(2.) As per the version of the claimants on 16.3.1998, deceased Jai Singh along with one Nathu Ram boarded a jeep bearing registration No.HR-13-7015 from village Dharuhera to reach his village Kapriwas; the said jeep reached within the revenue estate of village Malpura, which is situated adjacent to village Kapriwas; the jeep was being driven by respondent No.1 - Kamrudeen in a very rash and negligent manner; when respondent No.1 Kamrudeen slowed down the jeep for a moment, the deceased thought that the jeep had reached his destination and he tried to alight from the jeep but respondent No.1 - Kamrudeen immediately accelerated the speed of the jeep as a result Jai Singh and one more passenger fell down and another four-wheeler bearing registration No.HR- 47/320 struck against Jai Singh and his co-passenger. Both of them sustained injuries; Jai Singh died at the spot, whereas the other co- passenger was taken to Delhi, in that way the accident had taken place due to negligence of respondent No.1 - Kamrudeen driver of jeep No.HR-13- 7015 and driver of four-wheeler bearing registration No.HR-47/320 but particulars of four-wheeler could not be ascertained, therefore its driver, owner and insurance company could not be impleaded as respondents. FIR No.115 dated 16.3.1998 for the offences under Sections 279 , 337 and 304-A IPC was registered with Police Station Dharuhera with regard to the accident. Postmortem examination on the dead body of Jai Singh was conducted at Civil Hospital, Bawal. The petitioners/claimants prayed for grant of compensation of Rs.4 lakhs with interest and cost.

(3.) According to the claimants, the deceased Jai Singh was a student and in addition to that he used to extend his helping hand to his parents in the agricultural work value of which was Rs.2,000/- per month.