SUNDER Vs. AJMER

JUDGEMENT

(1.) Vide this common order, FAO Nos.3572, 4091, 2324, 4249, 4354 and 3495 of 2016 (O&M) are being decided as all the aforesaid appeals have been preferred against the common award dated 06.11.2015 passed by Motor Accident Claims Tribunal, Sonepat (for short 'the Tribunal'). The Tribunal decided a bunch of seven claim petitions. Out of which, claimant(s) in six claim petitions, have preferred the present appeals before this Court.

(2.) Brief facts in common are that the accident took place on 01.07.2012 in which Ram Phool son of Ram Chander had died. Ram Phool, Dharmo, Partap, Rekha, Ram Niwas, Subhash and Guddi were going in a tempo being driven by Ram Niwas from village Sisana to village Malikpur on the fateful day. The offending vehicle i.e. bus of Haryana Roadways being driven by respondent No.1 came in a rash and negligent manner and struck against the tempo from the back side. Resultantly, all the occupants of the tempo sustained injuries. Ram Phool died in that accident. FIR was registered against respondent No.1. Other six persons received injuries on their persons. Ram Niwas driver of the tempo has not preferred any appeal against the award.

(3.) The claim petitions were contested by respondent No.1. Respondent No.3 is the insurer of the bus, whereas respondent No.5 is the insurer of the tempo/auto rickshaw. All the respondents have contested the claim petitions by filing separate written statements.