SANDEEP SHARMA Vs. BALJEET KAUR AND ORS.

JUDGEMENT

(1.) This order shall dispose of aforementioned appeals as these have emerged out of awards passed by the Motor Accident Claims Tribunal, Sangrur (in short, 'the Tribunal') in regard to injuries sustained by the victims in the same accident on 18.06.2010 in which two vehicles i.e TATA Sumo bearing No. HR-55 JT 7613, driven by Sandeep Sharma (offending vehicle) and Maruti Car make Zen bearing No. PB 42-B-3950, driven by Jaswinder Singh (deceased) (ill fated vehicle) were involved.

(2.) The facts relevant for disposal of the appeals are that on 18.06.2010 at about 1.45 am, Jaswinder Singh son of Pal Singh (deceased) was driving Maruti Zen Car in which Harjit Singh son of Sukhbir Singh, Ravi Kumar son of Rajinder Kumar and Sukhdev Singh son of Rajinder Singh were travelling. They were going from Sector 34-D, Chandigarh to Mohali. Ravi Kumar and Sukhdev Singh were sitting on rear seat of the car while Harjit Singh was sitting by the side of driver. As per the allegations, when they reached at Chawla Chowk, Mohali and were in the process of crossing the Chowk, TATA sumo-the offending vehicle came from the side of Amb Wala Chowk, Phase 7, Mohali driven in a rash and negligent manner, hit Maruti Zen car and all the four occupants of the Car sustained serious injuries. Ravi Kumar and Jaswinder Singh died on the spot. FIR No. 31 dated 18.06.2010 for offence punishable under Sections 304-A, 279, 337 and 338 of the Indian Penal Code was registered against Sandeep Sharma at Police Station Mataur, Mohali.

(3.) The driver of the offending vehicle filed the reply denying the averments of the application attributing rashness and negligence on his part with the averments that in fact accident occurred on account of rash and negligent driving of Maruti Zen Car. Sandeep Rathi, the owner of the offending vehicle filed separate reply denying all the material averments made in the application.