GURDEV RAM CONSTABLE Vs. KAMLESH RANI

JUDGEMENT

(1.) THIS order shall dispose of four appeals namely FAOs No. 2493 of 1994, 2118 of 1994, 64 of 1995 and 65 of 1995, filed against award dated 02.05.1994 passed by the Motor Accident Claims Tribunal, Patiala, (for short 'the Tribunal') whereby five claim petitions were disposed of. The claim petitions were on account of the accident which took place on 09.11.1990. There were two versions regarding the accident.

(2.) ONE version was in claim petition filed by Smt. Kamlesh Rani, Sh. Raj Kumar Chawla, Miss Veena Singla. In this claim petition, it was stated that Sh. Hakam Chand Singla was proceeding in his Jeep No. PIS 154 on 09.11.1990 from Bhawanigarh to Chandigarh. His daughter Miss Veena Singla, brother Kaushal Rao Singla and a friend Raj Kumar Chawla were also travelling in the above said Jeep. When they reached near the Jain Petrol Pump on Patiala -Rajpura Highway, a Matador No. PJP 1443, driven by Gurdev Ram came from the opposite side. It was claimed to be driven rashly and negligently came from opposite side and it struck against the Jeep driven by Hakam Chand Singla due to which, he sustained injuries and died on the spot. The co -passengers Miss Veena Singla, Kaushal Rao Singla and Raj Kumar Chawla also sustained injuries.

(3.) AS against the aforesaid version, another claim petition was filed by Constable Gurdev Ram driver of the Matador No. PJP 1443 stating that on 09.11.1990, he along with other staff of CIA Staff, Rajpura were proceeding to Police Line, Patiala for official work. When they reached near the Jain Petrol Pump on Patiala - Rajpura Highway, the Matador, which was being driven on the correct side, was hit by the Jeep driven by Hakam Chand Singla. The negligence was alleged on the part of Hakam Chand Singla. Gurdev Singh was also injured in the accident.