JUDGEMENT
-
(1.) On November 19
th
, 1992 Kuldeep Singh alias Nituappellant along with Puran Singh and Chanan Singh was going on
motor cycle No. PB-31-1942 from Fatehabad to Sirsa. Puran Singh
was driving the motor cycle. On the way, they met with an accident
with a Haryana Roadways Bus bearing No. HR-20-9884 driven by
Jaibir Singh. FIR No.658 was registered in Police Station Fatehabad
under Sections 304 etc. IPC against Jaibir Singh. Chanan Singh
succumbed to his injuries. Kuldeep Singh received multiple injuries.
Legal representatives of the deceased and Kuldeep Singh filed claim
applications under Section 166 of the Motor Vehicle Act before the
Motor Accident Claims Tribunal (for short "the Tribunal"), Hisar.
(2.) The Tribunal accepted the claim application filed
by legal representatives of the deceased but dismissed the claim
application filed by Kuldeep Singh on the short ground that he did not
examine the Medical Officers.
(3.) Aggrieved of the Award dated December 7
th
, 1994
Kuldeep Singh as well as legal representatives of the deceased filed
appeals before this Court bearing FAO No.414, 415 and 416 of 1995.
FAO No.414 and 416 of 1995 were disposed of by the First Lok
Adalat of this Court. FAO NO.415 of 1995 filed by Kuldeep Singh was
also taken up by the Lok Adalat on September 24
th
, 2001. Vide order
dated September 24
th
, 2001 the Lok Adalat awarded an amount of
Rs.1,90,385/- along with interest at the rate of 12% per annum from
the date of filing of claim application, that is, December 23
rd
, 1992 till
payment was made and directed the State of Haryana and General
Manager, Haryana Roadways, Hisar to make the payment. The Lok
Adalat also held that in case of not consenting to the proposed order,
any of the parties could file objections and registry was directed to
put up matter before the Bench for disposal on merits according to
law.
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