JASPREET KAUR Vs. PHOOLMATI SHARMA

JUDGEMENT

(1.) Brief facts of this case, as noticed by this Court, are that on 18.07.2001 Rajendra Paul Singh the husband of appellant No. 1 accompanied by Phoola Singh were going on a Motor Cycle from their village 36 GB to Sri Bijeynagar, and while crossing the main road going from Suratgarh to Anoopgarh, they were hit by Tanker No. R.J. 31/G-0001 which resulted into the instant death of Phoola Singh and serious injuries to Rajendra Paul Singh who also succumbed to the injuries subsequently. The said accident was reported at Police Station Sri Bijeynagar and FIR No. 209/2001 was registered under Sections 304-A, 337 and 279 of IPC. The appellants being the daughters, son and mother respectively of the deceased filed the claim petition, in which, a sum of Rs. 72,00,000/- was claimed as compensation on account of death of Rajendra Paul Singh. The owner and driver of the Tanker in question denied the liability while averring that the motor-cycle rider was negligent.

(2.) The averments made by learned counsel for the appellants/claimants are that the surviving members of the deceased are grand-mother and three children.

(3.) Learned counsel for the appellant has relied upon the judgment rendered by Hon'ble Apex Court in the matter of Municipal Corporation of Greater Bombay Vs. Shri Laxman Iyer and Anr. in appeal No. 8424/2003 on 27.10.2003, relevant portion of which reads as under:-