NARESH KUMAR Vs. MANJIT KAUR AND ORS.

JUDGEMENT

(1.) THE present appeal is filed by Naresh Kumar, driver/owner of Car No.CH03P -8310 involved in the accident, against the award dated 07.12.2013 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as 'The Tribunal').

(2.) BRIEF facts of the case that on 13.04.2012, Gurmit Singh (since deceased) was going for his official duty in Swaraj Mazda bearing Registration No.PB -08 -AW - 9566. The said vehicle was being driven by Constable Gurminder Singh from Mohali to Kharar. At about 6.20 A.M., the same vehicle met with an accident with Car No.CH -03 - P -8310 at Chawla Crossing, Sector 7, Mohali. Resultantly, Swaraj Mazda over -turned and Gurmeet Singh (since deceased) suffered multiple injuries on vital organs of his body including head injuries. He was taken to hospital for treatment where he died on 16.04.2012.

(3.) 'The Tribunal' after appreciating the evidence available on file came to the conclusion that the accident was caused because of rash and negligent driving of respondent No. 1 and amount of compensation was assessed to be Rs. 40,57,409/ -. The liability was fastened upon Naresh Kumar -appellant and the Insurance Company was not held liable because the Insurance Company was given up by the claimants as the vehicle was not insured at the time of accident.