JITENDER KUMAR Vs. SANJAY PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dtd. 10/5/2023 passed in FAO-4114-2016 (O&M) by the High Court of Punjab and Haryana at Chandigarh, which, in turn, was preferred against the order dtd. 12/3/2014 in Claim Petition No.241 of 2013 passed by the Motor Accident Claims Tribunal, Karnal.

(3.) The brief facts giving rise to this appeal are that on 12/10/2010, the deceased, namely, Niranjan Das, aged 64 years, was travelling along with his friend from Jind, towards Narwala, in a car driven on the left side of the road. Upon reaching near Sugar Mills, Narwana Road, a Trailer bearing Registration No. WB-23B-1216[Hereinafter referred to as "Offending Vehicle"], coming from the wrong side in a rash and negligent manner, dashed against the car of the deceased. As a result of the impact, the deceased succumbed to the injury suffered. In connection with the incident, an FIR No. 331/2010 was registered, under Sec. 279 and 304 A the Indian Penal Code, 1860, against the driver of the offending vehicle.