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2. To be referred to the Reporters or not? 

3. Whether the judgment should be reported in  the Digest?

NARESH KUMAR SANGHI, J (Oral) This judgment shall dispose of FAO No. 5993 of 2012, titled "Shri Ram General Insurance Company Limited v. Renu and others", an appeal filed by the insurance company; and FAO No. 6185 of 2012, titled "Renu and others v. Naveen and others", an appeal filed by the claimants for enhancement of the amount of compensation granted by learned Motor Accidents Claims Tribunal, Sonepat (for brevity, 'the Tribunal') vide its award dated 14.8.2012.

The facts are being referred from FAO No. 5993 of 2012. On 28.8.2010, at about 8:45 a.m., Ravinder, aged about 37 years, employed in the office of Post Master, Sonepat, was going to Kharkhoda from village Gorar, on his motorcycle bearing Registration No. HR-10-O-9367, on the correct side of the road. A jeep, bearing Registration No. HR-15-G-4896 came from the opposite side and was in process to overtake another jeep and in the meantime the driver of jeep bearing Registration No. HR-15-G- 4896 lost control over his vehicle and straightaway rammed in the motorcycle being driven by Ravinder (since deceased). FAO-6185-2012 As a sequel to the impact, Ravinder fell down on the road and sustained several injuries on his person. The accident was witnessed by Dinesh, son of Baljit (PW4). He (PW4) noted down the registration number of the offending vehicle. When Dinesh (PW4) was taking care of Ravinder, then taking advantage of the crowd assembled at the spot, the driver of the offending vehicle fled away from there. Ravinder was shifted to Post Graduate Institute of Medical Sciences, Rohtak, and from there he was shifted to Mansarovar Hospital, Rohtak, where he remained admitted upto 19.9.2010 and ultimately succumbed to his injuries on the same day. On the basis of statement suffered by Dinesh (PW4), FIR No. 216, dated 29.8.2010, for the offences punishable under Sections 279, 304-A and 337, IPC, was registered at Police Station, Kharkhoda, District Sonepat. After thorough investigation, charge-sheet (report under Section 173, Cr.P.C.) was presented for the prosecution of respondent No. 5, Naveen, driver of the offending vehicle.

Renu (widow), Anu (minor daughter), Aakash (minor son) and Inshwanti Devi (mother) of Ravinder (since deceased) presented the claim petition before learned Tribunal alleging that at the time of his death, Ravinder was aged about 37 years; he (Ravinder) was working as a 'Gramin Dak Sevak Branch Post FAO-6185-2012 Master' (GDS BPM) under the supervision of Post Master, Sonepat, and was posted at Village and Post Office, Gorar, Tehsil Kharkhoda, District Sonepat; he was getting salary of Rs. 9,450/- (Rupees Nine thousand four hundred and fifty) per month; claimants were wholly dependent upon the salary of Ravinder (since deceased); the accident in which Ravinder (since deceased) had sustained injuries had occurred due to rash or negligent driving of jeep, bearing Registration No. HR-15-G-4896; and that the offending jeep was insured by the appellant-Shri Ram General Insurance Company Limited.

3. Whether respondent No. 1 did not possess a valid driving licence at the time of the accident? OPR-3.
4. Relief."

In order to prove their case, the claimants examined Samunder Singh, Criminal Ahlmad of the Court of learned Judicial FAO-6185-2012 Magistrate Ist Class, Sonepat as PW-1; Joginder Singh, Public Relations Inspector, Head Post Office, Sonepat, as PW-2; Claimant No. 1, Renu (widow of Ravinder) as PW-3; Dinesh, an eye witness, as PW-4; Dr. Bal Krishan Goel as PW-5; and ASI Surender Singh as PW-5. The claimants also produced documents (Exs. P-1 to P-15).