PARMINDER SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) AS per the averments made, respondents No. 1 to 7 filed MACT Case No. 75 of 19.10.2010 before Motor Accidents Claims Tribunal, Sangrur against the appellant as also against respondents No. 8 and 9, claiming compensation on account of the death of Gurcharan Singh, who was occupant of a Car bearing registration No. CH01Y -1174, which was owned and being driven by respondent No. 9 and was duly insured with respondent No. 8. According to the claimants, an accident took place near Bhiana Chowk on Moga -Barnala road between the aforesaid car and a motorcycle bearing registration No. PB29E -8592 owned and being driven by the appellant at the time of accident. In the claim petition, the claimants alleged that the accident has taken place due to rash and negligent driving of the motorcycle by the appellant, which was being driven at a very high speed and which had struck with the Maruti Car due to which the car struck in a tree standing on the side of the road and occupants of the car including Gurcharan Singh suffered multiple grievous injuries and later -on Gurcharan Singh was declared dead.

(2.) THE claim petition was contested by the appellant admitting the accident, however, denying the manner in which the accident is alleged to have taken place by the claimants. According to the appellant, in the said accident he along with his mother also suffered injuries and it was the Maruti car bearing registration No. CH01Y -1174, which had struck wrongly with the motorcycle, whereas he was going on his correct side.

(3.) THE award has been challenged by the appellant on the ground that in another claim petition i.e. MACT Case No. 12 of 25.05.2011 decided on 04.10.2012 by the Motor Accidents Claims Tribunal, Moga, which was filed by him claiming compensation against respondents No. 8 and 9 for the injuries suffered by him arising out of the same accident; a finding was recorded to the effect that the accident has taken place due to rash and negligent driving of the driver of Maruti Car bearing registration No. CH01Y -1174, and thus, the owner/insurer of the said Car were liable to pay compensation to the appellant, and in view of the aforesaid fact, the findings recorded in the instant case cannot be sustained as Motor Accidents Claims Tribunal, Moga has already recorded its findings on the same accident in his favour.