HOSHIYAR SINGH Vs. KAVITA DEVI AND ORS.

JUDGEMENT

(1.) These are four appeal arising out of an accident which occurred on 19.7.2009 leading to the death of Vijender and Sandeep. Two claims petitions were filed, which were decided by the Tribunal at Jind and one at Karnal. As the appeal arise out of the same I propose to take up all the four appeals together. Two appeals are by the claimants seeking enhancement, the other two are by Hoshiyar Singh driver of the offending vehicle who seeks exoneration.

(2.) A look at the facts first, Sandeep alongwith Vijender was proceeding from village Thal to Kheri Saraf Ali on a motorcycle on 19.07.2009 at 7.30 p.m. They were near village Khurda. Hoshiyar Singh came in the offending tractor and struck against the motor cycle causing the death of Sandeep and his brother-in-law, Vijender.

(3.) The driver left the spot leaving the tractor trolley behind. The parents of Vijender filed MACT case No. 93 of 31.8.2009 which was decided by the Motor Accident Claims Tribunal, Jind vide award dated 06.03.2012. The widow and parents of Sandeep filed a claim petition before the Motor Accident Claims Tribunal, Karnal bearing No. 173 of 2011 which came to be decided on 18.01.2012.