CHANDERMUKHI Vs. SANJAY KUMAR

JUDGEMENT

(1.) This judgment shall dispose of FAO-1712-2016 (Chandermukhi Vs. Sanjay Kumar and others) as well as FAO-7353-2016 (Sanjeev Kumar and another Vs. Chandermukhi and others) as both the above noted appeals arise out of award dated 29.09.2015, passed by the learned Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as 'the Tribunal).

(2.) Brief facts necessary for adjudication of the cases are that a claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the appellant Chandermukhi and her husband (since deceased) seeking compensation on account of death of their son Mahipal @ Palha. In the claim petition it is averred that on 29.11.2013, Mahipal was going from Charkhi Dadri to his village Birhi-Kalan on his motorcycle bearing registration No. HR18/4810. At about 4:15 P.M., when he reached near Pardhan Beej Bhandar at village Bhairvi, a car bearing registration No. HR55JT-5530, being driven by Sanjay Kumar, at a very high speed and in a rash and negligent manner, dashed into the motorcycle being driven by Mahipal, due to which, Mahipal fell on the road and sustained multiple grievous injuries and died on the spot. It is averred that the accident was caused solely due to the rash and negligent driving of the offending vehicle by respondent - Sanjay Kumar. Thereafter, FIR No. 448 dated 29.11.2013 under Sections 279, 304A IPC at Police Station Sadar, Dadri was registered on the statement of Naresh son of Parasram, an eyewitness of the accident. The deceased was stated to be 30 years old, a labourer by profession with the parents being totally dependent upon the deceased. Compensation was accordingly sought.

(3.) Separate written statements were filed by the respondents, who contested the petition. Dismissal of the claim petition was sought.