NEW INDIA ASSURANCE CO. LTD Vs. BISHAN DASS

JUDGEMENT

(1.) Both the aforetitled appeals are being disposed of by virtue of this common judgment as they trace their genesis to the same motor vehicular accident stated to have occurred on 21/11/2012 in respect of which FIR 227 of 2012 came to be registered with Police Station, Rajbagh.

(2.) Before a closer look at the grounds urged in the memo of appeals, it shall be expedient to have an overview of the background facts, as they emerge from the claim petitions.

(3.) While deceased Veena Devi daughter of the claimants/respondents no. 1 and 2 [MA no. 292 of 2017] and claimant-Balbir Singh, [MA No. 291 of 2017] were standing on the road side on 21/11/2012, they were hit by a vehicle bearing Registration No. JK08C-1571, on its way from Village Malaman to Makwal, Tehsil Billawar due to rash and negligent driving of its driver, as a result whereof, Veena Devi died on the spot and Balbir Singh sustained grievous injuries. Separate claim petitions came to be preferred before the tribunal by legal representatives of the deceased and the injured. As per the claim petition filed by parents of the deceased (CP No. 29), deceased was 15 years of age and as per the claim petition filed by the injured (CP No. 30), he was 16 years of age and was a student of 8th standard at the time of accident. It was claimed by the injured that after the accident, he was evacuated to the District Hospital, from where he was referred to Government Medical College and Hospital (GMC&H) Jammu, where he remained under treatment for about 25/26 days and later he was admitted at Pathankot Hospital and Trauma Centre on 9/1/2023 where he was operated upon and was discharged from the hospital on 15/1/2023.