- (1.) These are two appeals arising from the same Award of the learned Motor Accident Claims Tribunal, Faridabad, by which two claim petitions arising out of the same accident, were decided by the learned Tribunal, on 14.10.2011. As a matter of fact, two separate claim petitions were filed, one by the widow of the person who died in the accident in question, i.e. Man Mohan Singh, and one by his parents and two unmarried sisters. In the claim petition of the widow, the parents had been impleaded as proforma respondents and in the claim petition filed by the parents and sisters of the deceased, the widow had been impleaded as a proforma respondent.
(2.) The facts, as taken from the Award of the learned Tribunal, are that on 20.11.2009, the late Man Mohan Singh after performing his duty in the Employees Provident Fund Organization, Gurgaon, was coming on his motorcycle bearing registration No.HR-51/Q-5987, alongwith his colleague, Sunil Bhardwaj. It was stated that Man Mohan Singh was riding his motorcycle at a very slow speed. One Dharambir was coming behind in his car bearing registration No.HR-26-AN-8355, alongwith his friend Ravinder Kumar. When Man Mohan Singhs' motorcycle reached near Mangar Police 'Naka' (Check Post), a 'dumper' vehicle bearing registration No.HR- 38/J-4217 came from the side of Gurgaon at a high speed and hit the motorcycle at its rear side, causing the accident. Man Mohan Singh and Sunil Bhardwaj fell down from the motorcycle and were run over under the tyre of the dumper and both unfortunately died on the spot. Respondent No.1, i.e. the driver of the dumper vehicle, allegedly left the dumper on the spot and ran away. The bodies were removed from the spot by the aforesaid Dharambir and Ravinder Kumar, with the help of passers by and taken to the B.K.Hospital, Faridabad, and FIR No.346 dated 21.11.2009 was got registered by Dharambir. A post mortem examination was also conducted.
(3.) It was alleged that the deceased Man Mohan Singh possessed an MBA Degree and was working as a Social Security Assistant in the Employes Provident Fund Organisation, with the Government of India at Gurgaon and was an income tax payee. Both the sets of defendants, i.e. his widow in one claim petition and his parents and sisters in the other, were stated to be dependent totally upon the earnings of the deceased, who was only 28 years old and the only son in his family. In her claim petition, the widow of the deceased, however, alleged that the deceaseds' father, Dharampal (presently the 2nd respondent in FAO No.4786 of 2012 and also a proforma respondent in FAO No.1451 of 2012), was actually serving in the Industrial Finance Corporation of India, a reputed company, as a Manager with a six digit salary. It was further contended by the widow that the next promotion of the deceased was due and he was eventually likely to reach to the post of Commissioner and that his salary at the time of his death was about Rs.20,000/- per month. She further pleaded that in fact, the parents of the deceased had three cars, whereas her own life had been ruined. She further alleged that she had been turned out of her matrimonial home but all the articles of the home, certificates, belongings and ornaments were allegedly snatched by her in-laws. She, consequently, prayed for a compensation of Rs.75,00,000/-.;