- (1.) By this single judgment, I shall dispose of FAO No.2065 of 2000, FAO No.107 of 2001 filed by the owner of the offending tractor trolley along with cross objections 146 of 2014 in FAO No.2065 of 2000 and 144 of 2014 in FAO No.107 of 2001 filed by the claimants before the Motor Accident Claims Tribunal (in short 'the Tribunal). I shall also dispose of FAO No.798 of 2001 filed by Kharak Singh, owner of the gypsy involved in the accident against the order of the Tribunal rejecting his claim. I will also dispose of FAO No.2705 of 2002 filed by Gulshan Kumar, brother of the deceased Seema against the Award rejecting his claim. I will also dispose of Civil Revision Nos.147 of 2002 and 589 of 2003 as well as the appeals filed by Rajiv Garg, owner of the offending tractor trolley against the impugned Award dated 03.06.2000 passed by the Tribunal, Hisar, vide which nine connected claim petitions i.e. Claim Petition No.123 of 1997, 69 of 1997, 79 of 1997, 70 of 1997, 72 of 1997, 73 of 1997, 133 of 1997, 134 of 1997, 135 of 1997 were disposed of.
(2.) Brief facts relevant for the purpose of disposal of the appeals/revisions/Cross objections are that on 09.02.1997, Ram Chander along with Chander Parkash, Krishna Kumari wife of Chander Parkash, Baldev Raj, Kamlesh Rani @ Bundo wife of Baldev Raj and wife of Gokal Chand, Seema daughter of Baldev Raj, Jatin minor son of Chander Parkash, Annu, minor daughter of Chander Parkash had gone to Ram Sharnam Asharm, Gohana from Hisar in a gypsy bearing registration No.DAC-862 belonging to Kharak Singh, one of the claimants. The gypsy was being driven by Chander Parkash, claimant. At about 4.00 p.m., when the gypsy was coming from Gohana to Hisar and was at the distance of 11/23 K.m. of Associated Distillery, a Mahindra tractor DI-262 bearing engine and chassis No.NS-1058 being driven rashly and negligently by Balraj came from the opposite direction in a zig-zag manner. Chander Parkash, driver of the gypsy tried his best to avoid the collision with the tractor trolley, but the tractor trolley hit the gypsy . As a result of which, gypsy turned turtle and all the occupants sustained multiple grievous injuries. Baldev Raj, Seema daughter of Baldev Raj, Kamlesh Rani @ Bundo wife of Baldev Raj and wife of Gokal Chand died at the spot and other occupants received grievous injuries. The tractor trolley driver fled away from the scene of the occurrence, leaving the tractor trolley at the spot. Gypsy was also badly damaged. The accident took place due to rash and negligent driving of Balraj Singh, respondent No.1 (driver of tractor trolley). FIR No.177 dated 09.02.1997 was registered at Police Station Sadar Hisar under Sections 279, 337, 338 and 304-A IPC against the driver of the offending tractor trolley. Kharak Singh filed claim petition regarding damage of his gypsy, whereas the legal heirs of Baldev Raj, Seema and Kamlesh Rani @ Bundo as well as Chander Parkash, Annu, Jatin Kumar, Krishna Kumari also filed claim petitions, claiming the compensation. In the joint written statement filed by respondent Nos.1 and 2, it was stated that false case has been registered against respondent No.1. All the other facts were denied. It was stated that the tractor trolley was not at all involved in any accident. It was pleaded that the tractor trolley was insured with United India Insurance Company Ltd.-respondent No.3. Respondent No.3-United India Insurance Company Ltd. took the plea that the tractor trolley was not being driven in accordance with the terms and conditions of the Insurance Policy.
(3.) The driver of the offending tractor trolley was not holding a valid driving licence. On merit, accident as well as all the facts, which constitute the accident were denied.;