PAWAN GARG Vs. BALRAJ SINGH AND OTHER

JUDGEMENT

(1.) By way of this order, I shall dispose of FAO Nos. 2325 of 1999 titled "Pawan Garg Vs. Balraj Singh and others " and FAO No. 2326 of 1999 titled "Pardeep Gupta Vs. Balraj Singh and others " as these have arisen out of common award dated 15.1.1999 passed by the Motor Accident Claims Tribunal, Gurgaon (in short "the Tribunal") whereby compensation to the extent of 22,000.00 each to Pardeep Gupta and Pawan Garg along with interest has been awarded on account of injuries sustained by them in a motor vehicular accident.

(2.) The facts relevant for disposal of the present appeals are that on 25.7.1995, Pardeep Gupta along with Pawan Garg and R.S.Khatana had gone to condole death of one Mr. Lathers wife in a Maruti car bearing No. DL-IN-0098 driven by Balraj Singh, respondent No. 1. As per allegations, when they were returning home, the car was being driven by Balraj Singh in a rash and negligent manner. When it reached near Rohtak Town, the driver lost control over his car and failed to apply break, as a result, the car turned turtle and occupants of the car namely Pawan Garg, Pardeep Gupta and R.S.Khatana sustained injuries. It is further averred that DDR No.23-A dated 26.7.1995 was registered at Police Station, Ambedkar Nagar, Delhi in which Anil Kumar S.I. has wrongly described the vehicle as Maruti van and wrongly deduced that it was purely incidental.

(3.) The learned Tribunal in view of its findings on Issue No. 1 with regard to factum of accident held that the accident was incidental and not due to fault of any person as front tyre of the vehicle had been punctured, recorded its conclusion that it is a case of no fault liability and accordingly, the injured victims were awarded compensation as noticed hereinbefore.