Sneh Prashar, J. - (1.) The award dated 17.01.2012 passed by learned Motor Accident Claims Tribunal, SAS Nagar, Mohali (for short, "the Tribunal"), by virtue of which MACT Case No. 78 of 30.03.2009 i.e. the claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short, "the Act of 1988") filed by Baljeet Kaur @ Balbir Kaur and others (claimants -appellants) was allowed, has given rise to the two appeals captioned above, one filed by the insurance company with whom Canter Swaraj Mazda No. HR -04N -0599 (hereinafter referred to as the "offending Canter") was insured and the other by Baljeet Kaur @ Balbir Kaur and others, the claimants themselves.
(2.) Precisely, the facts are that on 18.12.2008, Pardeep Singh (since deceased) was going from his house in Panchsheel Enclave, Ambala Road, Zirakpur to Chandigarh by means of Activa scooter No. PB -65F -4992 (for short, "the Activa") and his brother Kawardeep Singh was travelling with him as a pillion rider. At about 6:15 p.m., when they reached near Popular Property Dealer, Zirakpur on Ambala -Chandigarh road, the offending Canter, being driven rashly, negligently and in a high speed, came from their backside, overtook their Activa and coming on extreme left side of the road i.e. in front of the Activa suddenly applied brakes without any signal or indication. The front portion of the Activa struck into the rear portion of the offending Canter and due to the impact, both of them fell down. While Kawardeep Singh suffered minor injuries, Pardeep Singh suffered multiple grievous and serious injuries and became unconscious. The driver of the offending Canter sped away from the spot towards Chandigarh. Pardeep Singh was taken to G.M.C.H., Sector -32, Chandigarh, but he succumbed to the injuries on the way to the hospital.
(3.) A First Information Report No. 221 dated 18.12.2008 was registered under Ss. 279, 337 and 304 -A of the Indian Penal Code at Police Station Zirakpur against respondent -Butta Singh.;