JUDGMENT :

SUDEEPTI SHARMA, J.

FAO-31-2018

1. The present appeal has been filed by the appellant-Insurance company against the award dated 18.08.2017 passed in a claim petition filed under Section 166 and 140 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Narnaul (for short, 'the Tribunal'), wherein the appellant-Insurance company was fastened with the liability to pay the compensation of Rs.4,74,077/- to the claimant along with interest @ 9 % per annum from the date of filing of claim petition till recovery.

XOBJC-114-2018

2. The present cross-objection has been preferred by respondent No.1/cross-objector/claimant against the award dated 18.08.2017 passed in the claim petition filed under Section 166 and 140 of the Motor Vehicles Act, 1988 (in short ‘1988 Act’), by the learned Motor Accident Claims Tribunal, Narnaul (in short ‘the Tribunal’) for enhancement of compensation, granted to the cross-objector/claimant to the tune of Rs.4,74,077/- along with interest @ 9 % per annum on account of injuries sustained by the respondent No.1/cross-objector/claimant – Sher Singh in a motor vehicular accident, occurred on 17.11.2015.

3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimant/cross-objector are arising out of the same award dated 18.08.2017 passed by the learned Tribunal, therefore, FAO-31-2018 and XOBJC-114-2018 are decided vide this common judgment.

BRIEF FACTS OF THE CASE

4. Brief facts of the case are that on 17.11.2015 at about 1:00 p.m., Dinesh Kumar, since deceased, was heading from Village Payaga to Mahendergarh on the motorcycle No. HR34G/7433 being ridden by him on extreme left side of road at moderate speed as per traffic rules. Petitioner Sher Singh was travelling as pillion rider on the said motorcycle. After a short riding towards Mahendergarh - Narnaul road then a Haryana Roadways Bus, Depot Charkhi Dadri bearing Temporary no. HR-99VC(T)/7936 now bearing Regd. No. HR-61C/0566 (in short offending vehicle), being driven by respondent no. 1 at a high speed in rash and negligent and in zig-zag manner, flouting all traffic rules came from Mahendergarh side and hit against the motorcycle in their lane. Consequently, they alongwith the motorcycle fell down on the road causing them multiple and grievous injuries besides damages to the motorcycle. The rider Dinesh Kumar succumbed to the injuries on the spot whereas pillion rider Sher Singh (Petitioner in II petition) was seriously injured and one bystander namely Rakesh (Petitioner in III petition) also received injuries in the accident. After the accident, the respondent no.1 fled from the spot leaving behind the offending bus. The aforesaid accident had taken place due to sole rash and negligent driving of offending vehicle by respondent no. 1. Thereafter, the dead body of Dinesh Kumar was shifted to mortuary and petitioners/injured Sher Singh and Rakesh were shifted in General Hospital, Mohindergarh..

5. Upon notice of the claim petition, respondents therein appeared and contested the claim petition by filing separate written statement denying the factum of accident/compensation.

6. From the pleadings of the parties, the Tribunal framed the following issues:-

“1. Whether petitioners Rakesh and Sher Singh received injuries while Dinesh Kumar died in a motor vehicular accident which took place on 17.11.2015 at about 1:00 PM in the area of village Payaga under P.S. Mohindergarh due to rash and negligent driving of Bus no. HR-61-C/0566 by respondent no.1? OPP

2. If issue no. 1 is proved, whether the petitioner is entitled to get compensation, if so to what amount and from whom? OPP

3. Whether the vehicle in question was being driven by respondent no. 1 in violation of terms and conditions of insurance policy? OPR3

4. Relief.”

7. Thereafter, both the parties led their evidence in support of their respective pleadings.

8. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded