- (1.) By this common order, FAO No.1908 of 2012 and FAO No.1909 of 2012 filed by the Insurance Company are being disposed of as these arise out of separate claim petitions; one filed by the dependents of the deceased and the other by the injured, respectively. Facts are being extracted from FAO No.1908 of 2012.
(2.) On 7.10.2008, Sarabjit Singh deceased was returning from Hoshiarpur towards his village Jiatpur on scooter No. PAK 6676. Sarabjit Singh was driving the scooter and Sukhwinder Kumar, claimant in FAO No.1909 of 2012 was the pillion rider. When they reached near Chadha Fuel Centre in the area of village Jian at about 10.00 pm, a truck-trolley No.GJ-5YY 7047 loaded with Sonalika Tractors was lying wrongly parked on the road. Its half portion was on the metalled road and the other half on the katcha portion. The truck-trolley was parked on the road without any parking signals or indicators. Due to the wrong parking of the truck trolley, scooter of the deceased hit on the back of the truck trolley as a result of which Sukhwinder Kumar and the deceased fell down on the metalled road and received serious injuries on their person. The scooter was also badly damaged. Due to serious injuries, Sarabjit Singh died at the spot while Sukhwinder Kumar was taken to Civil Hospital, Hoshiarpur. The occurrence was witnessed by Ram Lal, Harbhajan Singh and others, present nearby.
(3.) FIR No. 231 dated 8.10.2008 under Sections 283/304A/337/338/427 IPC was registered at Police Station, Sadar Hoshiarpur, on the statement of Sukhwinder Kumar injured. The deceased was about 25 years old at the time of his death. He was working as Welder and earning Rs. 6500/- per month.;