- (1.) By way of this order, I shall dispose of FAO Nos.5075 of 2008 and 394 of 2009 as these have emerged out of common award dated 09.08.2008 passed by the Motor Accident Claims Tribunal, Karnal (for brevity, 'Tribunal').
(2.) Smt. Rajesh alias Babli and others filed an application under Section 163-A of the Motor Vehicles Act, 1988 (in short, the Act) for grant of compensation in regard to death of Karambir son of Telu Ram, in a motor vehicular accident on 22.03.2005 in the jurisdiction of Police Station Butana, District Karnal. As per averments, Karambir (since deceased) was going to his village Barani Khalas from Nilokheri on a bicycle on 22.03.2005 at about 7.00 pm, when he reached near Police Station Butana District Karnal, car bearing registration No. CH-03Q-3702 came from Karnal side and hit the bicycle of Karambir. Karambir sustained injuries in the occurrence and died. The occurrence was witnessed by one Jasmer Singh son of Molu Ram. The deceased was 32 years old and was running a welding workshop at the bus stand, Nilokheri and was earning a sum of Rs.3,000/- per month. An amount of Rs.40,000/- was spent on transportation and last rites of the deceased. FIR No. 58 dated 23.03.2005 under Sections 279, 304-A of Indian Penal code was registered in Police Station Butana against Sonu, driver of the offending vehicle.
(3.) Respondent Nos. 1 and 2 filed the joint written statement contesting the claim of the appellants. They denied that the alleged accident took place due to rash and negligent driving of car by its driver with further submission that a false case has been registered against respondent No. 1 in connivance with the police. It has been further pleaded that respondent No. 1 is a government contractor and a permanent resident of House No. 24, Sector 33-A, Chandigarh. On 22.03.2005, he had come to Karnal to submit tender invited by BSNL Department. After finishing his work, the answering respondent along with two more persons was returning to Chandigarh. When they reached in the area of village Butana at about 7.00 pm, a Scorpio vehicle of Mehroon colour came from back side at a very fast speed and hit the back side of the car being driven by respondent No. 2. The driver of Scorpio vehicle lost his control and hit the divider of the road and then hit the right side of the car of respondent No. 1. The driver of Scorpio ran away from the place of accident along with his vehicle, but his number could not be noted down. After the accident, a number of people assembled at the spot and disclosed that the driver of the Scorpio had caused accident with the cyclist. Respondent No. 1 called the local police and on their asking, parked his vehicle in the police post, Butana. The local police informed him that the Scorpio vehicle could not be traced and assured to register a case after getting particulars of the Scorpio vehicle.;