SEWA SINGH Vs. THANDI RAM

JUDGEMENT

(1.) This order disposes of FAO-493-2012 titled Sewa Singh and others Vs. Thandi Ram and others filed by claimants-parents and minor sisters of deceased-Sunil and FAO-494-2012 titled Jangbir and others Vs. Thandi Ram and others filed by claimants- parents and sister of deceased-Rohit respectively for enhancement of compensation awarded vide common award dtd. 2/11/2011 passed by learned Motor Accidents Claims Tribunal, Bhiwani (for short 'the Tribunal') in MACT Petition No.327 of 2011 titled Sewa Singh and others Vs. Thandi Ram and others and MACT Petition No.328 of 2011 titled Jangbir and others Vs. Thandi Ram and others, on account of death of Sunil and Rohit due to injuries suffered in motor vehicle accident which took place on 12/12/2010.

(2.) Both the above-said claim petitions were filed under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the M.V. Act') on the common facts that on 12/12/2010, Sunil, Rohit, Dharmender and Amit were coming from school on foot on their proper left side of the road from the side of Jhanwari bus stand. Jeep bearing registration No.HR-26C-8103, owned by respondent No.2 and insured with respondent No.3, came from the back side driven by respondent No.1 rashly, negligently and at a very high speed, without blowing horn and hit all of them due to which they suffered injuries. Sunil and Rohit, who sustained serious injuries, were taken to Sarvodya Hospital, Hisar where they died. FIR No.417 dtd. 13/12/2010 was registered under Ss. 279, 337 and 304-A of the Indian Penal Code, 1860 in Police Station Tosham against respondent No.1-driver.

(3.) In MACT Petition No.327 of 2011 titled Sewa Singh and others Vs. Thandi Ram and others the claimants averred that Sunil was aged about 16 years and was student of 9th Class in Government Senior Secondary School, Jhanwari. While claiming themselves to be his legal heirs/representatives the claimants-parents and minor sisters sought award of compensation of Rs.20.00 lacs against respondents No.1 to 3 with costs and interest.