PARKASH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) Parkash, son of Gargar alias Jai Chand has filed the present appeal and it has been directed against the award dated 9.12.1993 passed by Motor Accidents Claims Tribunal, Rohtak which awarded a sum of Rs. 48,000 by way of compensation to the appellant besides interest at the rate of 12 per cent per annum from the date of the filing of the claim petition till payment.

(2.) The brief facts of the case are that three claim petitions arising from the same accident were filed by the present appellant, Dharender Kumar alias Dhaminder and Satbir Singh against the driver, owner and the insurance company by making allegations that on 21.12.1991 in the motor vehicular accident between three-wheeler Tempo (unnumbered) and four-wheeler No. HR 19-0975 near village Jahazgarh in the area of Police Station Beri, District Rohtak, appellant Parkash and his companions, who were the occupants of three-wheeler sustained injuries. The appellant claimed Rs. 4,00,000 by way of damages from the owner, driver and the insurance company. As per allegations, on 21.12.91 at about 1.30 p.m. the appellant and his companions boarded the ill-fated three-wheeler from Beri for going to village Chhuchkwas and the three-wheeler was being driven by its driver at a normal speed and on the correct side of the road. When it reached one kilometre ahead of village Jahazgarh, the offending four-wheeler, i.e. Tata 407 bearing registration No. HR 19-0975 came from the opposite side driven in a rash and negligent manner and struck against the three-wheeler coming on the wrong side. The three-wheeler turned turtle and all the occupants received injuries. The offending vehicle was being driven by Bhagwan Singh alias Bhana Ram.

(3.) The claim petition of the present appellant was contested by the respondent Nos. 1 and 2 and they filed a joint written statement. Respondent No. 3 also filed a separate written statement. The factum of accident was not disputed but the negligence on the part of respondent driver was denied. It was alleged that the accident, in fact, had taken place due to rash and negligent driving of driver of three-wheeler, namely, Surinder Singh, s/o Bhim Singh and resident of village Baghpur, who was driving the same without any valid driving licence, registration number and the route permit. He came from the opposite side in a rash and negligent manner and hit the four-wheeler by coming on to the wrong side. The claim petition was also contested on the ground of non-joinder of Surinder Singh, son of Bhim Singh.