CHHABIL DASS Vs. RESHMA

JUDGEMENT

(1.) Briefly stated facts of the case are that on 08.05.2019, Jaivir son of Bhup Singh along with Sandeep son of Ram Chand and Naveen @ Jai Parkash son of Bir Singh, besides Sh. Bhoop Singh son of Sh. Phool Singh, all residents of Village Sarsana, Tehsil and District Hisar were going to Village Parleeka to attend the marriage of Rajender son of Dharam Pal, resident of their village in a Canter No.HR-20-A-8397. The Canter was being driven by Baljeet Singh son of Bhalu Ram, resident of same village. When the said Canter had reached near Village Ramgarh and time was about 2.00 pm, then, bus No.RJ-31-PA-0821 being driven by respondent No.1 Ram Chand in a rash and negligent manner came from opposite direction and it struck against the Canter in question, as a result of which, Bhoop Singh travelling in the Canter received serious multiple grievous injuries and Naveen @ Jai Parkash as well as Sandeep had died at the spot. Initially the FIR with regard to the accident was registered against respondent No.1 bus driver only but during the course of investigation, the police found that drivers of both the vehicles were responsible for the accident, therefore, both of them were challaned. Mother of deceased Naveen @ Jai Parkash, namely Smt. Reshma widow of Sh. Bir Singh had brought a claim petition No.96-MACT of 2010 against respondent i.e. Ram Chander-driver, Chhabi Dass-owner, Iffco Tokio General Insurance Company Ltd., Ahmedabad-insurer of bus No.RJ-31-PA-0821 as well as Baljeet Singh-driver, Mahender Singh- owner and ICICI Lombard General Insurance Company Ltd., Hisar-insurer of Canter No.HR-20-A-8397. Bhup Singh-injured had also filed claim petition under Section 166 of the Motor Vehicles Act against those respondents. That petition was allotted No.95-MACT of 2010, whereas, legal representatives of second deceased Sandeep, namely Smt. Leelo- mother and father Sh. Harpal had also filed a claim petition bearing No.97-MACT of 2010 against those very respondents. Since all the claim petitions arose out of the same accident, those were consolidated and tried together by Motor Accidents Claims Tribunal, Hisar (for short 'the tribunal), observing that the evidence would be recorded in claim petition titled as Reshma Vs. Ram Chander and others and it would be treated as main case.

(2.) On being put to notice, respondents No.1, 2, 4 and 6 had put in appearance whereas name of respondent No.3-insurance company was deleted, whereas, respondent No.5 was proceeded against ex parte. Respondents had filed written statements, contesting the claim petitions. Issues on merits were framed. The parties were afforded adequate opportunities to lead evidence in support of their respective claims and vide award dated 13.09.2013, all the three claim petitions were accepted partly with costs. Resultantly, Smt. Reshma-petitioner/claimant in petition No.96-MACT of 2010 was awarded a sum of Rs.3,50,000/- as compensation on account of death of her son, namely Naveen @ Jai Parkash, whereas, Bhoop Singh-petitioner/claimant in claim petition No.95-MACT of 2010 who had suffered injuries in the mishap was awarded compensation of Rs.58,632/-, Smt. Leelo and Harpal-petitioners/claimants in petition No.97-MACT of 2010 were awarded a sum of Rs.3,50,000/- as compensation on account of death of their son Sandeep. All the claimants were awarded interest @ 7.5% p.a., on the amount of compensation awarded to them, from the date of filing of claim petitions till realization. Costs of the petitions were also awarded to them. The tribunal had issued directions with regard to apportionment and payment of the compensation amount in the award itself. With regard to liability of respondents, it was directed that the compensation along with interest and costs shall be paid to the extent of - 1/2 share by respondent Nos.1 and 2 jointly and severally whereas the remaining half share of amount of compensation along with interest and costs shall be paid by respondent No.4. However, petitions qua respondent Nos.5 and 6 were dismissed.

(3.) Feeling dissatisfied with the award, Chhabil Dass and Ram Chander owner as well as driver of bus in question have brought three appeals i.e. FAO-2728, 2729 and 2730-2014. Similarly, Baljeet Singh driver of the Canter has also filed three appeals i.e. FAO-5116, 5117 and 5118 of 2014, whereas, Smt. Leelo and her husband Harpal claimants were also aggrieved by the amount of compensation awarded to them and they have approached this Court, by way of filing an appeal, seeking enhancement of compensation. That appeal has been allotted number FAO-1281-2015.