NATIONAL INSURANCE CO LTD Vs. BALJIT KAUR

JUDGEMENT

(1.) This appeal has been filed by National Insurance Co. Ltd. against the judgment/award passed by the learned Motor Accidents Claims Tribunal, Rup Nagar (for short 'the Tribunal') under section 163-A of the Motor Vehicles Act, 1988.

(2.) The brief facts of the case as brought out in the claim petition are that on 3.3.2000 some unknown persons snatched an amount of Rs. 2,300 from one Tirath Ram, while he was proceeding on tractor No. PB 12-B 1813 from Chamkaur Sahib to his village Bassi Gujaran. The culprits after snatching the amount slipped away on scooter No. PB 12-4771 and on alarm being raised Ranjit Singh and Jatinder Singh stopped their scooter and thereupon Tirath Ram narrated the incident of snatching. The said persons took Tirath Ram on the pillion of their scooter and started following the unknown culprits. Lakhwinder Singh deceased and Kishan Singh met them on the way and the whole incident was narrated to them also. Kishan Singh and Lakhwinder Singh also joined them in following the culprits and the police party of Bela Chowk also joined them in search of the culprits by making efforts to stop scooter No. PB 12-4771. Said culprits took a turn towards Behrampur and when they reached in the area of village Wajidpur, they intentionally turned their scooter with intention to obstruct scooter of LakhWinder Singh bearing registration No. CH 01-B 3473 to dissuade him and it was on account of wrong driving of the culprits that the scooter of Lakhwinder Singh got deflated and became out of control which struck against a shisham tree planted by the roadside and resultantly, he received multiple injuries and finally succumbed to his injuries. The accident, thus, was the result of use of scooter No. CH 01-B 3473 when the culprits tried to dissuade him from following them. It was pleaded that due to the wrong driving of culprits the accident had taken place. F.I.R. No. 15 dated 3.3.2000 under sections 356, 207, 279 and 304, Indian Penal Code, was registered in Police Station, Chamkaur Sahib. The deceased at the time of his death was 32 years of age and was employed in Food Corporation of India as labourer at Chamkaur Sahib and was also carrying on his agricultural work and dairy farm. It was the case of the claimants that they were entirely dependent on the income of deceased Lakhwinder Singh and due to the sudden termination of his life in the said accident, they suffered huge mental, financial and social loss. The said scooter was owned by the respondent Nos. 1 and 2 and the same was insured with National Insurance Co. Ltd., respondent No. 3. The parents of Lakhwinder Singh, i.e., Sadhu Singh and Lakshmi Kaur were joined as pro forma respondents. On these pleadings petition for compensation was filed.

(3.) Lakhbir Singh, respondent No. 1, did not contest the claim, who was proceeded ex parte, whereas the claim was contested by the respondent No. 2 pleading that Lakhbir Singh was the owner of the scooter in question and Ranjit Singh had nothing to do with the same. National Insurance Co. Ltd. separately contested the claim petition by taking preliminary objection that the claim petition against the insurance company was not maintainable as the driver of scooter No. CH 01-B 3473 was not holding a valid and effective driving licence issued by the competent authority at the time of the accident. It was also pleaded that the claim petition was bad for non-joinder and misjoinder of necessary parties as insurer of scooter No. PB 12-4771 had not been impleaded as a party. However, on merit it was admitted that the scooter No. CH 01-B 3473 was insured with the answering respondent. It was denied that any accident took place with scooter No. CH 01-B 3473. It was also the case of the insurance company that the claim petition has been filed to claim illegal compensation.