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Showing contexts for: SONEPAT in Kalawati Devi & Ors. vs . Ramesh Kumar &Ors. on 17 March, 2018Matching Fragments
1. The claim for compensation raised in the present petition is in respect of death of one Sh. Raju Yadav, which was caused in an accident that took place on 30.09.2016 at about 6:40 am at place just after crossing the 20th Milestone on G.T. Road, Sonepat, Haryana. One FIR No.377/2016, under sections 279/337 IPC at PS Rai, Sonepat, Haryana regarding the above accident was registered on 02.10.2016 on the basis of the statement made by brother of the deceased namely Sh.Dipak Ray/PW2, who is also alleged to be an eye-witness of the accident and section 304A IPC was also subsequently added in the above criminal case as the deceased expired on 15.10.2016 (date of death is wrongly mentioned as 18.10.2016 in the petition). The offending car involved in the said accident is of make Maruti Ritz bearing registration no.HR-11G- 9506, which at relevant time of accident was being driven by R-1, owned by R-2 and insured with R-3.
2. Briefly stated, the case of the petitioners is that on the above said date and time, the deceased Sh. Raju Yadav as well as his brother Sh. Dipak Ray/PW2 were both going for their work on foot in a factory named M/s. Golden Rolls Pvt. Ltd. situated at GT Road, Opposite Sports Authority of India Complex, Village Sultanpur, District Sonepat, Haryana and the deceased was being followed by PW2 Sh.Dipak Ray. When they just crossed the 20th Milestone, the above offending car had suddenly come from the side of Delhi and had hit against the deceased from behind. As a result thereof, the deceased fell on the road and received severe injuries. He was first taken to the Government Hospital, Sonepat by his brother PW2 Sh.Dipak Ray and doctors of the Government Hospital had referred the deceased to PGI Rohtak, but PW2 Sh.Dipak Ray took him to Signus Hospital, Sonepat and later got him admitted in Park Hospital, Panipat. However, the deceased expired on 15.10.2016. It is alleged that the above accident was caused by R-1 while driving the above offending car at a very fast speed and in a rash and negligent manner.
Coming to the salary of deceased, as per the depositions made by both PW1 & PW2 in their above affidavits, the deceased was working as a Chemical Operator in the above factory named M/s. Golden Rolls Pvt. Ltd. at Rai, Sonepat, Haryana and he was getting a salary of Rs.22,000/- per month. PW1 has also made the same claim of salary of the deceased even during her cross- examination conducted on behalf of the respondents. However, the petitioners are also found to have summoned the record of employment and salary etc. of the deceased from the office of his employer and this record has been produced by PW3 Sh. Vikram Kumar, as already stated above, who was working as the 'Time Office In-charge' in the said company. He has produced on record an Authority Letter in his favour as Ex.PW3/A to depose and to produce the said record, copies of the salary and increment register of their company for the period from March, 2013 to May, 2016 as Ex.PW3/1 (colly.) (running into 15 pages), PF details of the deceased as Ex.PW3/2 and receipt of full and final settlement of dues of the deceased as Ex.PW3/3 (colly.) (running into 2 pages).
18. RELEASE Out of the share of P-1, Rs.2,14,000/-, with upto date interest till deposit, is directed to be released to her by transferring it into her savings account bearing no. 50431936650 at Allahabad Bank, Rai Branch, Sonepat, Haryana, IFSC Code:ALLA0212616 and remaining amount of Rs.12,00,000/- is directed to be kept in 80 FDRs of Rs.15,000/- each for a period of 1 to 80 months in succession with cumulative interest. The amount of FDRs on maturity would be released in her above saving bank account.