HARBANS LAL Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) The present appeal has been filed by the appellants-claimants, namely Harbans Lal, Mishri Lal, Sona Devi and Mona Devi, against the dismissal of the claim petition filed by them, thereby, seeking compensation qua death of Tiliya Devi, in a motor vehicular accident.

(2.) Initially, appellants-claimants, being husband and children of Tiliya Devi had filed claim petition, thereby, seeking compensation, on account of death of Tiliya Devi, in a motor vehicular accident, which took place on 9/2/1999. As per the version, coming forth in the claim petition, on the relevant day, Tiliya Devi was going on correct left side of the road, on katcha berm. Her husband Harbans Lal was also accompanying her and was going ahead of her by few steps. At about 10.00 am, when they reached near the Googa Marri, on Ambala-Chandigarh road, a car bearing registration No.PAS-159, came from Chandigarh side. It was driven in rash and negligent manner and at a high speed by Rameshwar Singh. By going on the extreme wrong side of the road, it struck against Tiliya Devi. As the result of the accident, Tiliya Devi suffered multiple injuries. She was taken to PGIMER, Chandigarh, where she breathed her last on 10/2/1999.

(3.) In pursuance of the notice issued, respondents made appearance and contested the claim petition. Respondents No.1 and 2 i.e. driver and owner, in their separate reply had denied all the assertions of the claim petition. Even, insurance company filed a separate reply and therein, while denying all the assertions of the claim petition, also took preliminary objection that it was not liable, as the deceased herself was at fault and the accident had not been caused, due to rash and negligent driving of the car in question and the driver of the car was not having valid and effective driving licence, at the time of accident.