RAVINDER SINGH Vs. GURMIT SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that on 6/2/2018 claimant - Ravinder Singh along with his son Rajwant Singh was going towards Patiala on his Activa scooter; Rajwant Singh was driving the scooter on which Ravinder Singh was pillion riding; at about 5:00 p.m., when they reached bus stop of village Phagan Majra, Sirhind Road, then a car bearing registration No.PB-11-BE-5400 (hereinafter referred to as the offending vehicle) being driven in a rash and negligent manner by Gurmit Singh - respondent No.1 came from behind without blowing any horn and struck against the Activa scooter, as a result both the riders fell down; Ravinder Singh suffered multiple injuries on his head, legs, chest, backbone and various parts of the body; he was taken to Colombia Hospital, however keeping in view his serious condition, he was referred to PGI, Chandigarh, where he remained admitted from 7/2/2018 to 8/3/2018, then he was taken to Aman Hospital, Bassi Pathana, District Fatehgarh Sahib, where he admitted from 9/3/2018 to 23/3/2018; he underwent head and brain surgeries. Since he was unconscious and had suffered a paralytic attack as a result of suffering injuries, the claim petition was filed by him through his wife Amritpal Kaur and son Rajwant Singh under Sec. 166 of the Motor Vehicle Act, 1988 against Gurmit Singh - driver, Swaraj Automotives Ltd, Kakrala Road, Tehsil Nabha, District Patiala - owner and Oriental Insurance Company Ltd, Branch Office at SAS Nagar (Mohali) - insurer of the car in question.

(2.) On getting notice, all the three respondents had appeared. Respondents No.1 and 2 filed a joint written reply, whereas resp[ondent No.3 came up with a separate written reply. All of them opposed the claim petition.

(3.) Issues on merits were framed. The parties were afforded adequate opportunities to lead evidence.