KARAMJIT SINGH Vs. RANJIT KAUR

JUDGEMENT

(1.) The present appeal has been preferred by the owner of the offending vehicle against the award dated 22.04.2015 passed by the Motor Accident Claims Tribunal, Jalandhar.

(2.) A brief matrix of the facts relevant to the present lis are as under.

(3.) A claim petition was filed by the legal representatives of Manjit Singh (deceased) under section 166 of the Motor Vehicles Act, 1988. The claimants were the wife and children of the deceased. It was stated in the claim petition that on 24.02.2012, at about 6.00 P.M., the deceased Manjit Singh was returning from Kartarpur to Village Bholath after finishing his work. He was on his cycle while his brother Sukhwinder Singh along with his friend Surinder Singh were also returning to village Bholath from Village Lita on their motorcycle bearing registration No.PB-57-B-7260. When they reached Pandori Aariya Petrol Pump and the deceased was about 100 meters ahead of them on his cycle, a Zen car bearing registration No.PB-08-AD-8079, which was being driven in a rash and negligent manner, came from behind and, without blowing the horn, hit the bicycle of the deceased. It was stated that Sukhwinder Singh and Surinder Singh noted down the number of the offending vehicle but were unable to stop it. Later, they came to know that respondent No.2 was driving the vehicle. Manjit Singh suffered multiple injuries and was taken to Satyam Hospital, Jalandhar, where he succumbed to his injuries after a week. FIR No.21, dated 26.02.2012 was lodged by the eye-witness Sukhwinder Singh under sections 279, 304-A, 337 and 427 of the Indian Penal Code, 1860, at Police Station Bholath.