- (1.) By this common order FAO No. 6310 of 2010 (Om Pati and another vs. Pardeep Kumar and others), filed by the claimant-appellants and FAO No. 5090 of 2010 (IFFCO Tokio General Insurance Co. vs. Om Pati and others filed by the Insurance Company, are being disposed of as these arise out of the same award passed by the Motor Accident Claims Tribunal (for brevity 'the Tribunal'). For convenience the facts are being extracted from FAO No. 6310 of 2010.
(2.) These appeals arise out of a claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 (for short' the Act') on account of death of Narender Singh, son of claimants, caused in a road accident taking place on 01.12.2008. Narender Singh alongwith others was a passenger in three-wheeler bearing Engine No. R-8B-0493911, Chassis No. KRT/KPoo1194/A/08. The threewheeler is owned by respondent no. 2 and was being driven by respondent no. 1 was the driver.
(3.) It is stated that when they reached near National Seed Farm, a Santro car no. 8490 struck with the three-wheeler which turned turtle. The deceased received multiple injuries on his person and died at the spot.;