KALAWATI AND ORS. Vs. JAMIL MOHD. AND ORS.

JUDGEMENT

(1.) THIS order will dispose off above detailed three appeals by this single judgment, having arisen out of the same award dated 01.02.2013 passed by Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as 'The Tribunal'). FAO No. 2367 of 2013 (O&M) against MACT Case No. 88

(2.) THE relevant facts for the purpose of decision of the appeals that on 24.11.2009, the claimants along with Gaurav Kumar, Salesh Kumar and Mahender Singh (since deceased) were travelling in the three -wheeler bearing registration No. HR -68 -9133, which was being driven by respondent -Subhash Chand in a rash and negligent manner. The said three -wheeler struck against Mahindra Pickup bearing registration No. HR -68 -9788, which was being driven by respondent -Jamil Mohammed in a rash and negligent manner. As a result of this accident, all the passengers travelling in the three -wheeler suffered injuries. The matter was reported to the police.

(3.) THE respondents contested the claim petition. Respondents Jamil Mohd. and Mehar Deen (driver and owner of Mahindra Pickup) took the plea that the accident had taken place because of rash and negligent driving of Subhash Chand, who was driving three wheeler involved in the accident and false case was registered against them.