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1. Present claim petition has been preferred under Section 166 and 140 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation for a sum of Rs.40,00,000/- (Rupees Forty Lakh Only) in respect of accidental death of Jagdish Lal Bansal in a motor vehicular accident.

2. Brief facts of the case giving rise to the claim petition are that on 17.06.2007 at about 3.00AM Shri Jagdish Lal Bansal (since deceased) was travelling in bus bearing registration No. PB-11Z-0715 driven by Respondent No.4 Baldev Singh and owned by Respondent No.5 Pepsu Road Transport Corporation. The bus rammed into a canter bearing registration No. HR-69-7746 which was parked in the middle of the road by Respondent No.1 Mobin Kumar (driver of canter No. HR-69-7746). The canter was owned by Respondent No.2 Anil Kumar and was insured with Respondent No.3 National Insurance Company Ltd. for the relevant period. The passengers from the bus deboarded the bus as it came to a halt. Thereafter, about 3.30AM, a Tata 407 bearing registration No. HR-39A- 1551 driven by Respondent No.7 Subhash in a rash and negligent manner hit the Pepsu Road Transport Corporation bus from behind. Due to the force and impact of the accident, the bus started moving and head of Jagdish Lal Bansal was crushed under the rear left tyre of the bus. Consequently, deceased expired at the spot and the postmortem was later on carried at Civil Hospital, Sonepat. FIR No.118/07 dated 17.06.2007 was registered at PS: Kundli, District Sonepat, Haryana regarding the accident.

4. On the pleadings of the parties, following issues were framed for consideration vide order dated 30.08.2010 by ld. Predecessor :-

(i) Whether Shri Jagdish Lal Bansal son of Shri Onkar Nath suffered injuries which caused his death in an accident occurred on 17.06.07 at about 3.30 AM at Bahad Rakba Ka Shed Road (Near Parnami Hospital), G.T. Karnal Road, Kundli, Sonepat, Haryana, due to rash and negligent driving of respondents I.e. drivers of offending vehicles nos. HR-69 7746, PB 11Z 0715 and HR 39A 1551? (OPP)
(ii) Whether the petitioner is entitled for compensation? If so, to what amount and from which of the respondents?

(iii) Relief.

5. In support of the claim, six witnesses were examined on behalf of the petitioner, namely, PW1 Shri Ishwar Singh, Record Clerk, General Hospital, Sonepat (who proved the postmortem report of the deceased); PW2 HC Sunil Kumar, P.S. Kundli, Sonepat (who proved the FIR); PW3 Mohd. Ashraf, Tax Assistant, Income Tax Office, Delhi (who proved the Income Tax Returns of the deceased); PW4 Shri Sushil Bhatt, Manager (Legal), M/s Indure Private Limited (who proved the work contract); PW5 Dr. Suman Tanwar, Medical Officer, PHC Bahu, Distt. Jhajjar, Haryana and PW6 Smt. Bimla Devi (wife of deceased/petitioner).

PW1 Shri Ishwar Singh, Record Clerk, General Hospital, Sonepat, Haryana proved the copy of postmortem report of deceased Jagdish Lal (Ex.PW1/1).

PW2 HC Sunil Kumar, P.S. Kundli, Sonepat, Haryana proved FIR No.118/07 dated 17.06.2007 u/s 283/279/337/304-A IPC registered at P.S. Kundli, Sonepat, Haryana (Ex.PW2/1).

On cross-examination, he clarified that challan had been submitted against Mobin Kumar and Baldev on 31.07.2007 before the court of ACJM, Sonepat, Haryana.