BHAWNA SHARMA Vs. RAM DAVAN

JUDGEMENT

(1.) Briefly stated, facts of the case as per the version of the claimants are that Ms.Balwant Gargi along with her co-employee Saurabh Chawla were returning to Faridabad from Noida in an Indica car bearing registration No.HR38N(T) 3004, which was being driven by Lalit Sharma and when they reached near turning of Bata on G.T. Road, a truck bearing registration No.HR-38G-9784 (hereinafter referred to as the offending vehicle) being driven by respondent No.l - Ram Davan in a rash and negligent manner at a high speed without blowing horn, came from behind and while trying to overtake the car, struck against it on the driver side; all the occupants of the car sustained injuries; formal FIR withregard to the accident was lodged. Lalit Sharma and Ms.Balwant Gargi succumbed to the injuries.

(2.) The parents of deceased Smt.Balwant Gargi, namely, Sh.Mohinder Singh - father and Mrs.Suraj Kanwal - mother had brought a claim petition bearing MVA No. 178 dated 5.10.2007 against respondents i.e. Ram Davan - driver, Rattan Lal Goyal - owner and United India Insurance Company Ltd. - insurer of the offending vehicle, claiming compensation to the tune of Rs.25 lakhs.

(3.) The legal representatives of deceased Lalit Sharma i.e. Smt.Bhawna Sharma - wife, Baby Riya, aged about three and half years -minor daughter, Master Madhav Sharma, aged about two years - minor son and Smt. Usha Sharma - mother had also brought a claim petition bearing No.RBT/143 dated 23.10.2008 against the above-said respondents, claiming compensation to the tune of Rs.15 lakhs.