SIKANDAR SINGH AND OTHERS Vs. JASDEEP SINGH

JUDGEMENT

(1.) This appeal has been preferred by the owner and driver who are disputing the liability placed upon them by the Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as the Tribunal).

(2.) To examine the issues raised by the appellants, the factual matrix first. Jasdeep Singh claimant along with Varinder Singh were returning on a motorcycle from Anandpur Sahib. Varinder was sitting on the pillion. At 8:00 PM, they had reached near the PWD Rest House, Garshankar, when a Scorpio Jeep bearing registration no.PB-08AV-2602 was found parked by the side of road. When the claimant reached near the vehicle, the Scorpio driver abruptly started the jeep and came on the road without any signal or indicator and the motorcycle struck the Scorpio. The motorcycle was damaged. The claimant and the pillion rider received injuries. An FIR under Section 279, 337 and 427 IPC was got registered on 14.04.2011.

(3.) The owner and driver took the plea that it was a false claim and the claimant was at fault and false case had been registered which was later cancelled.