MAJOR SINGH Vs. ANGREJ SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the claimant against the Award dated 24.07.1997, passed by the ld. Motor Accident Claims Tribunal, Faridkot, whereby the Tribunal dismissed the claim petition filed by the appellant, on the ground that it was the claimant -appellant himself, who was negligent in driving his jeep, which resulted in the accident and as such, no compensation could be awarded to him at the hands of the respondents, of whom respondents no. 2 and 3 were the owners of the vehicle, driven by respondent No. 1.

(2.) THE facts of the case as given in the Award of the learned Tribunal, are that on 17.08.1990, the appellant, accompanied by Meja Singh, Malook Singh, Sampuran Kaur @ Paro and Mohinder Kaur, were coming from Faridkot to their village Kaler, after admitting a lady of their village in hospital at Faridkot, for delivery of her child. When they were 1/2 a kilometer from their village, a company of three police vehicles, came from the side of "Talwandi Bhai" with the lights of the vehicles on full beam and with none of the three vehicles using a "dipper". As per the claim set up by the appellant, the first two vehicles crossed the jeep safely, but all of a sudden, the third vehicle, which was a police mini truck, bearing registration No. PB -04 -3044, driven by Angrej Singh (respondent No. 1), hit with the jeep of the appellant, on the drivers' side.

(3.) IN the reply filed by the respondent No. 1 to the claim petition, before the MACT, he stated that a criminal case is pending against the appellant (claimant) Major Singh, for causing the accident and as such, he prayed that proceeding before the Tribunal be stayed " as nobody can take benefit of his own wrong".