NATIONAL INSURANCE COMPANY LTD THROUGH ITS DIVISIONAL MANAGER Vs. RAJVEER KAUR D/O SH MAJOR SINGH AND OTHERS

JUDGEMENT

(1.) Decision:

(2.) Rajveer Kaur and others filed petition under section 166 of Motor Vehicles Act 1988 pleaded therein that on dated 10.03.2009 deceased Major Singh s/o Sh. Balkar Singh alongwith pillion rider Mandeep Singh s/o Sh. Hardeep Singh were travelling on motor cycle No.A/F. It is pleaded that at about 5.30 PM when motor cycle No.A/F reached near petrol pump at village Baruhi Tehsil Amb Distt. Una (H.P.) a truck having registration No.HP-12A- 9281 came from opposite side which was driven in rash and negligent manner by co-respondent No.1 without observing traffic rules. It is further pleaded that truck struck with the motorcycle and deceased as well as pillion rider of the motorcycle fell down on the road and sustained multiple grievous injuries on their body and deceased became unconscious. It is further pleaded that accident took place due to rash and negligent driving of truck No.HP-12A-9281 driven by Naresh Kumar s/o Sh. Dharam Pal. It is further pleaded that after accident deceased was shifted to Regional Hospital Una by local people in unconscious condition where deceased was medically examined by Medical Officer. It is further pleaded that after first aid deceased was referred to PGI Chandigarh for better treatment. It is further pleaded that deceased was admitted in PGI where he remained admitted w.e.f. 11.03.2009 to 12.03.2009 and died on 12.03.2009 at about 9.00 PM in PGI. It is further pleaded that petitioners have spent about Rs.50,000/- on the treatment of deceased and postmortem of deceased was conducted at PGI on 13.03.2009 vide postmortem report No.12979. It is further pleaded that accident occurred due to rash and negligent driving by co-respondent No.1. Age of the deceased pleaded as 25 years. Occupation of deceased pleaded as agriculture and monthly income of the deceased pleaded as Rs.15,000/- per month from agriculture and Rs.5,000/- per month by way of selling milk. It is further pleaded that FIR No.35/2009 dated 10.03.2009 under sections 279/337/304A IPC was registered. It is further pleaded that deceased sustained multiple grievous injuries on various parts of the body including head injury. It is further pleaded that petitioners No.1 & 2 are children and petitioner No.3 is widow and petitioners No.4 & 5 are mother and father of deceased respectively. Compensation to the tune of Rs.15 lacs alongwith interest @9% per annum from the date of filing petition till its realization sought.

(3.) Per contra response filed on behalf of co-respondents No.1 & 2 pleaded therein that present claim petition is not maintainable and petition is bad for non-joinder of necessary parties. It is pleaded that false case under sections 279/337/304A IPC registered against co-respondent No.1. It is further pleaded that motorcycle which was driven by deceased was coming from Amb side in rash and negligent manner and struck with backside of truck. Death of deceased is admitted. It is further pleaded that death was caused due to own negligence of deceased. Prayer for dismissal of appeal sought.