Amol Rattan Singh, J. - (1.) This appeal filed by the insurance company that had insured the vehicle involved in an accident, impugns the Award of the learned Motor Accidents Claims Tribunal, Rewari, dated 07.05.2016.
(2.) The facts giving rise to the claim petition filed by respondents no. 1 to 5 herein (herein referred to as the claimants), are that Pradeep Kumar, husband of the 1st claimant, father of the 2nd and 3rd claimants and son of the 4th and 5th claimants, is stated to have been travelling in a Xylo car, bearing registration no. HR-47-BT-2090, along with his colleague, to attend the 'Lagan' ceremony of the son of another colleague, Ram Avtar Yadav, at village Aulant on 01.02.2014. While returning to Dharuhera from Aulant after attending the function, the aforesaid vehicle was allegedly being driven at a very high speed, in a rash and negligent manner, by Suresh Kumar, driver of respondent no. 6 herein, i.e. the owner of the aforesaid vehicle.
(3.) When the car reached the area of village Roliawas, the driver could not control the vehicle, which is stated to have turned turtle and tumbled three-four times, resulting in the death of the aforesaid driver as also of Pradeep Kumar, on the spot. Other occupants of the car are also stated to have sustained minor injuries. The matter was report to the police by one Gulab Singh, on the basis of which an FIR was registered, for the alleged commission of offences punishable under Sections 279/304-A IPC, at Police Station Rampura.;