2. Briefly, the facts, as stated in the Claim Petition, are that
on 17.11.2014 at about 22:15 hours, while Kanhaiya Lal (since
MACT No. 40/2019 Kashmiri Devi vs. Shankar Page No. 2 of 37
deceased) along-with his cousin Nakul were walking on the left
edge of the road that a speedy and rashly driven Canter bearing
registration no. DL1LR 1352 (hereinafter referred as the
offending vehicle) driven by Sh.Shankar S/o Sh.Ganesh
(hereinafter referred as respondent no.1) impacted Kanhaiya Lal
from behind in front of their street near Thaper Chamber and
dustbin due to which Kanhaiya Lal sustained head injuries. It is
averred that Nakul informed Tarun, brother of Kanhaiya Lal
about the accident, who along-with his father reached the spot.
Canter was got stopped by Nakul with the help of public people
and Canter along-with its driver was handed over to Sh. Kishan
Chand (father of Nakul). Victim was rushed to AIIMS Trauma
Center in a TSR, where he was given treatment, however, his
condition never improved and ultimately he succumbed to injures
on 18.02.2018. It is averred that deceased was 12 th class pass and
earning Rs.15,000/- per month as insurance agent. It is asserted
that the accident occurred due to speedy and rash driving on the
part of driver of the offending vehicle. It is stated that the
offending vehicle was owned by Sh.Hukum Singh S/o Sh.
Prabhu Dayal (hereinafter referred as respondent no.2) and
insured with Reliance General Insurance Company Ltd.
(hereinafter referred as respondent no.3). A sum of
Rs.42,00,000/- has been sought as compensation in this matter.