SUSHMA SARIN Vs. PADAM CHAND

JUDGEMENT

(1.) This appeal is by one set of claimants, directed against award dated 6.9.1996 passed by the Motor Accident Claims Tribunal, Ambala.

(2.) In brief, the facts of the case are that on 18.7.1993 deceased Sanjiv Sarin, whose parents and sister have preferred the instant appeal, was going along with Gautam Trehan, Rakesh Kumar, Ravinder Singh, Darshan Singh, Ranjit, Rajesh and Sanjay to Timber Trail Resort near Parwanoo in Mohindra jeep bearing registration No. PB-11D-9229. After having their dinner and attending some function, they were returning back to Panchkula. The said jeep was being driven by Rakesh Kumar. When they reached some distance ahead of bus-stop of Chandi Mandir, a truck bearing registration No. HR-03-8109 came at a fast speed from the side of Panchkula and in a rash and negligent manner struck against the jeep which was on its correct side of the road. The truck then struck against a Khokha and damaged it completely and stopped more than 100 yards away from the spot. After causing the accident, the driver of the truck ran away after leaving the truck at the spot. As a result of the accident, Sanjiv Sarin, Gautam Trehan, Rakesh Kumar and Darshan Kumar sustained injuries and were rushed to PGI Chandigarh. However, Sanjiv Sarin and Gautam Trehan succumbed to their injuries. The matter was also reported to the police and an FIR was got registered under Sections 279/304-A IPC. Thereafter, four claim petitions came to be filed for claiming compensation; two were filed on account of death of Sanjiv Sarin and Gaurav Trehan while the other two were filed by the injured Rakesh Kumar and Darshan Kumar.

(3.) Upon notice of the claim petitions, separate sets of written statements were filed by the respondents. The owner and driver of the offending truck, who filed joint written statement, took up the plea that the accident occurred due to negligence of Rakesh Kumar, driver of the jeep. However, they claimed that the truck was insured with Oriental Insurance Company. Respondent-Oriental Insurance Company denied its liability to pay compensation on the ground that the truck driver did not possess a valid driving licence, registration certificate, route permit etc. It also took up the stand that the driver of the jeep too was not holding a valid driving licence, registration certificate etc. It was thus, claimed that it was a case of contributory negligence as both the drivers were driving their vehicle rashly and negligently.