PINKI DEVI Vs. AMIT SHARMA

JUDGEMENT

(1.) Briefly stated facts of the case are that Smt. Pinki Devi- widow, aged about 28 years, Ankita-minor daughter aged about 04 years, Raj Kumari, aged about 46 years-mother, Jiwan Kumar, aged about 20 years-brother, Phoolwati Kumari, aged about 14 years-minor sister, Sonu Kumar, aged about 10 years-minor son of Jiwach Sahni @ Jivachhi Sahni had filed a claim petition under Section 166 of the Motor Vehicles Act against respondents Amit Sharma -driver and owner and SBI General Insurance Company Ltd., Mumbai-insurer of Hyundai I-10 car bearing registration No.DL-8CL-6250 (for short ' the offending vehicle') claiming compensation of Rs.50 lacs on account of death of Jiwach Sahni @ Jivachhi Sahni in a motor vehicular accident.

(2.) As per version of the claimants, on 25.05.2015, deceased Jiwach Sahni @ Jivachhi Sahni along with his brother was going from his house towards Shudh Vaishno Punjabi Dhaba, Village Farouli, District Ambala for joining his duty. At about 10.15. pm, when they had reached in front of bus stand, Mohra and had crossed the road reaching the service lane of Ambala to Delhi G.T. Road, in the meanwhile, the offending vehicle came from Ambala Cantt. side being driven by respondent No.1 Amit Sharma in a rash and negligent manner and at a high speed, which hit the deceased. As a result of this accident, the deceased was flung high in the air and he fell on the front wind screen of the offending vehicle, in the process, suffering multiple grievous injuries. He was removed to Civil Hospital, Ambala Cantt but the doctors declared him as brought dead. The matter was reported to the police and formal FIR in that regard was got registered.

(3.) On being put to notice, both the respondents appeared and filed separate written statements. In the written statement filed by respondent No.1, he denied the assertions made in the petition, contending that no accident had taken place due to rash and negligent driving of respondent No.1 and a false and frivolous FIR had been registered against him, just to grab the compensation.