ANJANA DEVI Vs. DESH RAJ

JUDGEMENT

(1.) Through this common order, this court shall dispose of all the above captioned three FAOs i.e. FAO No.2164 of 2014 titled as Anjana Devi and others vs. Desh Raj and others , FAO No.320 of 2014 titled as Hans Raj vs. Desh Raj and others and FAO No.321 of 2014 titled as Sudha Devi and others vs. Desh Raj and others as the same arise out of the one accident and questions of law involved in these FAOs are common.

(2.) In brief, the facts are that on 25.08.2010 at about 9.00 p.m. Hans Raj was waiting for a vehicle at Dharuhera bus stand. Sunil Kumar, his co-villager, stopped his motorcycle bearing registration No.HR36-L0126 and gave him a lift. When Hans Raj and Sunil Kumar reached in front of Police Station Dharuhera, they saw Shamsher Singh, who was also waiting for a vehicle. Sunil Kumar stopped his motorcycle and gave him a lift as well. When they reached the bridge of Sahibi river on National Highway No.8 in the area of village Masani, a dumper bearing registration No.HR55-C-2658 came from the side of Dharuhera and without blowing a horn struck the motorcycle. Resultantly, the motorcycle fell down and Shamsher Singh, Sunil Kumar and Hans Raj sustained injuries. The driver of the offending dumper stopped the vehicle. Hans Raj noted down the registration number of the offending dumper as HR55-C-2658 and when the driver of the offending dumper alighted from the vehicle, on asking he disclosed his name as Desh Raj, but thereafter, he fled from the spot along with the offending vehicle. The injured persons were brought to the hospital, where Shamsher Singh succumbed to the injuries on 26.09.2010 whereas, Sunil Kumar succumbed to the injuries on 01.09.2010. An FIR No.275 came to be registered on 01.09.2010 under Sections 279, 337 and 304-A of Indian Penal Code.

(3.) With the aforesaid allegations, Hans Raj filed a claim petition claiming Rs. 5,00,000/- on account of injuries sustained by him. Wife, son, daughter and mother of deceased Shamsher Singh filed a claim petition claiming Rs. 25,00,000/- as compensation whereas, wife, son, daughter and mother of deceased Sunil Kumar filed a claim petition claiming Rs. 25,00,000/-. All the three claim petitions were contested by the respondents inter alia denying the factum of accident as well as involvement of dumper No.HR55-C-2658. All the three claim petitions were consolidated by the Tribunal by an order dated 14.06.2011. Thereafter, issues were framed and evidence was led. On appreciating the evidence, the Tribunal came to hold that Shamsher Singh, Sunil Kumar and Hans Raj were guilty of contributory negligence to the extent of 50% on the ground that driver of the motorcycle was carrying two pillion riders, which is not permitted by the law.