UNION OF INDIA Vs. ARJANA KUMARI

JUDGEMENT

(1.) MR. Ashok Kumar was driving his motor cycle with one Anil Kumar as pillion rider, from Udhampur to jammu on August 10, 2001, when Mr. Ravi T- of 651 of epu C/o 56 APO, driving rashly and negligently, Army truck No. 9980-12781-P had hit the scooter as a result whereof both the scooter riders received grievous injuries on their person. Ashok Kumar, however, succumbed to the injuries received by him in the accident. Arjana Kumari, the wife, Ruderashi and Akanksha, the minor daughters, of Ashok Kumar filed their claim petition no. 395/claim, wrongly shown as claim petition no. 355/claim in the award of the Tribunal, and Anil kumar, the survivor injured filed his petition no. 391/claim against Union of India, Ravi-T, driver of the offending vehicle and the Commanding Officer of 651-EPU, before Motor Accidents Claims Tribunal, Jammu. Denying its liability to pay the amount claimed in the claim petitions, Union of India and the driver of the army vehicle attributed the accident to the rash and negligent driving of the scooter by Mr. Ashok Kumar deceased.

(2.) IN order to resolve the dispute raised in the claim petitions, the parties to the claim petitions were put to issues, which for facility of reference are reproduced hereunder:-

(3.) IN order to prove the issues the claimantsrespondents had examined Kuldeep Kumar, Dr. Naresh Chopra besides Anil Kumar and Arjana Kumari claimants as their witnesses. Appellants had produced only Ravi T, the driver of the Army vehicle as their witness to rebut the evidence produced by the claimants and in support of the case set up by them in defence to the claim petitions. Appreciating the evidence of the parties and deciding both the issues in favour of the claimantsrespondents and against the appellants-Union of india, the Tribunal awarded an amount of Rs. 9,67,568/- as compensation to the claimants in claim petition no. 355/claim and an amount of Rs. 3,31, 400/- in claim petition no. 391/claim along with interest at the rate of 9% per annum from the date of filing of the claim petitions.