KAILASH DEVI Vs. UMER DEEN

JUDGEMENT

(1.) One accident. Two deaths. Six Claim Petitions. All rejected. Now these five appeals. The facts lie in a narrow compass. These may be briefly noticed.

(2.) On April 1, 1990, a Maruti Car. No. HYM-4204 which was proceedings from Samalkha to Delhi was hit by Truck No. HNA-4655 which was coming from Delhi. The accident occurred at about 4 PM near Ganaur. Two of the occupants of the car viz. Sushil Kumar and Smt. Sarti Devi, aged 47 and 72 years respectively died at the spot. The other occupants received injuries. Six Claim Petitions were filed. It was inter alia alleged that the truck was being driven rashly and negligently by timer Deen. Since the accident had occurred on account of his negligence, the claimants were entitled to be compensated. The Motor Accident Claims Tribunal framed issues in all the cases separately. In the Claim Petition filed by Smt. Kailash Devi, whose husband Sushil Kumar had died in the accident, the following issues had been framed:-

(3.) Aggrieved by the award of the Tribunal, the claimants have filed the present five appeals.