2017 Supreme(P&H) 2213
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Rajiv Narain Raina
FAO No.4628 of 2013 (O&M)
Rani Devi
v.
Sarbati Devi & Ors.
{Decided on 12/10/2017}
For the Respondents:Mr. P.K. Longia, Mr. R.K. Bashamboo & Mr. Balraj Singh Rathee, Advocates
Headnote:Motor Vehicles Act, 1988, S.166--Accident--Claimant--Father and Mother should be entitled to compensation on the death of their son and daughter-in-law.
Mr. Rajiv Narain Raina, J.:- This order disposes of the aforementioned four appeals arising out of a consolidated award rendered by the Motor Accident Claims Tribunal, Kurukshetra on 16.08.2013 in the same accident.
2. In FAO No.4628 of 2013 (MACT Case No.99 of 2012), Rani Devi has challenged the award, whereby compensation of Rs. 30,40,200/- has been awarded to Sarbati Devi and Raghbir Singh; in FAO No.4953 of 2013 (MACT Case No.98 of 2012), Rani Devi challenges the award, whereby her claim for compensation of Rs. 50 lacs on account of death of her daughter-inlaw Sarita was dismissed; and in FAO No.5727 of 2013 (MACT Case No.97 of 2012), Rani Devi lays challenge to the award, whereby her claim for compensation of Rs. 50 lacs on account of death of her son Raj Kumar was dismissed; while FAO No.6054 of 2013 has been preferred by the Insurance Company challenging the award, whereby an amount of Rs. 30,40,200/- by way of compensation has been awarded to Sarbati Devi and Raghbir Singh on account of death of their daughter Sarita late wife of deceased Raj Kumar.
3. The brief facts are that on 02.07.2010, Raj Kumar and his wife, namely, Sarita, a newly married couple, were travelling by road from Kurukshetra on their way to Village Bhainsi Majra on a motorcycle bearing No.HR-41D-0638, Raj Kumar riding with his wife sitting pillion. They were accompanied by Balwan Singh and Ramesh Kumar on a separate motorcycle bearing No.HR-41C-7038. At about 9.00 PM, when Raj Kumar and his wife Sarita reached near TERI College on Kurukshetra-Dhand road, after crossing the bus-stand in Kamoda, the offending truck bearing registration No.HR-46B-4434, with respondent No.1 on the steering coming at a very high speed struck the motorcycle from behind rashly and negligently. Raj Kumar and Sarita lost control and fell down on the road and unfortunately the front wheel of the truck crushed them to death on the spot.
4. Ramesh Kumar on the accompanying motorcycle chased the truck till it stopped. On enquiry, the driver disclosed his name as Bijender son of Om Parkash, resident of Village Dhob, District Rohtak. After that encounter, the driver fled away from the spot leaving the offending truck standing at the spot. The police came to the spot of accident. An inquest was started. In this regard, FIR No.257 dated 02.07.2010 under Sections 279, 336, 337, 304-A IPC was registered against the driver. The post-mortem on the dead bodies of Raj Kumar and Sarita was conducted by the doctors of L.N.J.P.Hospital, Kurukshetra on the following day.
5. Raj Kumar was a Science Teacher in Government Middle School, Ghararsi. He was 28 years of age at the time of the accident and earned a salary of Rs. 26,000/- per month. Sarita was 26 years old and was working as a Dispenser at Shri Krishan Government Ayurvedic College, Kurukshetra. Her monthly income was Rs. 20,000/-. They were married recently and had not started a family.
6. Before proceeding further, it is necessary to mention the description of the parties. The same is as follows:
(i) Rani Devi is the mother of Raj Kumar (deceased) and mother-in-law of Sarita (deceased);
(ii) Sarbati Devi and Raghbir Singh are the mother and father of Sarita (deceased) and mother-in-law and father-in-law of Raj Kumar (deceased);
(iii) Reliance General Insurance Company Limited – insurer of offending Truck bearing No.HR-46B-4434
7. As a result of the fatal incident, the dispute regarding compensation began in two sets of families i.e. husband side and wife side.
8. Rani Devi filed two claims being MACT Case No.97 claiming compensation to the tune of Rs.50 lakhs on account of the death of her son Raj Kumar and MACT Case No.98 claiming compensation to the tune of Rs. 50 lakhs on account of death of her daughter-in-law Sarita; whereas the parents of Sarita filed claim petition bearing MACT Case No.99 of 2012 claiming compensation to the tune of Rs. 40 lakhs.
9. After considering all the materials on record, the Tribunal at Kuruksh