LAWS(RAJ)-2015-1-380

BALVEER SINGH Vs. SITA RAM AND ORS.

Decided On January 22, 2015
BALVEER SINGH Appellant
V/S
Sita Ram And Ors. Respondents

JUDGEMENT

(1.) These appeals have been filed against the common judgment and award dated 18-9-2014 passed by learned Judge, MACT, Baran and these appeals are being decided by this common judgment.

(2.) Brief facts of the case are that the claimants had filed the claim petition before the concerned Tribunal claiming compensation on account of death of one Ram Swaroop S/o Gulab Chand and Smt. Tulsan W/o Ram Swaroop. The claimants are the LRs. of deceased. As per claim petition, accident occurred on 6-11-1999 on Kelwara Samrania Road near Pahari village. The cause of accident was the collision of the jeep against the Wall of the Puliya (bridge). The registration number of Jeep was RJ-20C-8119. The accident occurred at 11.00 p.m. in the night due to rash and negligent driving of the driver of the vehicle who too was died in the accident. Thereafter FIR No. 170/1999 was instituted by one Ramesh Chand.

(3.) Notices of the claim petition were issued, reply was also filed, issues were framed and after hearing all the parties, the learned Tribunal passed the impugned judgment and award dated 14-1-2003 whereby the Insurance Company was given right of recovery against the appellant. Against the said award dated 14-1-2003, the appellant preferred four Civil Misc. Appeals before this Court, and the co-ordinate Bench of this Court vide order dated 8-9-2011 decided all the appeals and remanded back the matter to the concerned Tribunal for re-deciding issue Nos. 3 and 3A afresh. In pursuance of order dated 8-9-2011, all the parties appeared before the learned Tribunal, and after hearing to them, the learned Tribunal decided issue Nos. 3 and 3A afresh vide award dated 18-9-2014.