ORIENTAL INSURANCE CO.LTD. Vs. KULWINDER KAUR

JUDGEMENT

(1.) By this order, I shall dispose of four FAOs i.e. FAO-647- 2012 and FAO-648-2012 filed on behalf of insurance company and FAO- 2373-2012 and FAO-2450-2012 filed on behalf of the claimants, which have arisen out of the same accident.

(2.) Briefly stated, the facts of the case as per version of the claimants are that on 24.4.2009 Sukhvinder Singh and Karamjeet Singh were returning home after attending duty; they were riding motorcycle bearing registration No.CH03R-1222 make Bajaj; Karamjeet Singh was driving the motorcycle on which Sukhvinder Singh was a pillion rider; at about 11:30 p.m., when they reached near Lakhnaur Barrier, a canter bearing registration No.PB08-AG-9551 (hereinafter referred to as the offending vehicle) was standing on the road loaded with iron strips, which were hanging outside the canter without giving any signal installed on the canter; that all of a sudden without giving any indication, respondent No.1

(3.) The legal representatives of Sukhvinder Singh, namely, his widow - Smt.Kulwiner Kaur, aged about 26 years, minor sons - Master Harmandeep Singh, aged about 4 - 1/2 years, Master Jasmeet Singh, aged about 2 years and Master Ashmeet Singh, aged about 10 years, father - Sh.Tara Singh aged about 62 years and mother - Smt.Gurmeet Kaur had filed a claim petition bearing MACT No.116 under Section 166 of Motor Vehicles Act against respondents i.e Karam Singh - driver, Tarlochan Singh - owner and Oriental Insurance Co. Ltd. - insurer of the offending vehicle, claiming compensation to the tune of Rs.30 lacs.