JITENDER SINGH Vs. SANJAY KUMAR

JUDGEMENT

(1.) CLAIMANTS /appellants have filed this appeal seeking enhancement of compensation against the award dated 5.10.2012, passed by the Motor Accident Claims Tribunal, Karnal, (in short 'the Tribunal') on account of death of Dharam Singh.

(2.) BRIEF facts of the case are that Dharam Singh, aged about 50 years, alongwith his son Jitender had gone to Karnal to the showroom of M/s Modern Automobiles to purchase a new car. After purchasing the car, Dharam Singh was coming back on his motorcycle bearing registration No. HR -05R -6228. The motorcycle was being driven at moderate speed on the left side of the road. At about 12:30 PM, when Dharam Singh reached near Himalya Public School, GT Road, Karnal, a truck bearing registration No. HR -69 - 6959 came from behind and while coming on the wrong side of the road, hit the motorcycle of Dharam Singh. As a result of the accident, Dharam Singh died. FIR No. 622 dated 19.11.2008 was registered under Sections 279/304 -A IPC at Police Station Civil Lines, Karnal, against the driver of the offending truck Sanjay Kumar (respondent No. 1 herein). The accident was witnessed by Ravinder Singh son of Har Sarup and Jasmer Singh son of Chela Ram, resident of village Nali Khurd, District Karnal. Respondent No. 2 is the owner of the offending vehicle and respondent No. 3 is the insurance company.

(3.) RESPONDENTS No. 1 and 2, in their joint written statement, denied the accident and stated that a false story has been putforward. No accident took place with the offending truck. If the Tribunal comes to the conclusion that the accident took place due to rash and negligent driving of respondent No. 1, in that eventuality respondent No. 3, being the insurer of the offending truck, is bound to pay the compensation. Respondent No. 3 took all the legal objections and stated that a false case was registered to grave the compensation. From the pleadings, following issues were framed : -