SHAMINDRO Vs. PRIYA VART AND OTHERS

JUDGEMENT

(1.) Vide this common order, FAO No.10190 of 2014 titled Shamindro v. Priya Vart and others, FAO No.2593 of 2016 titled Parminder Kaur and another v. Priya Vart and others, FAO No.4758 of 2014 titled Reliance General Insurance Company Ltd. v. Parminder Kaur and others and FAO No.7478 of 2014 titled Parminder Kaur and another v. Priya Vart and others are being disposed of.

(2.) Common facts in brief are that on 20.10.2011 Gurmej Singh along with his wife Parminder Kaur was returning on a motorcycle from Chandigarh to Panchkula. When they reached near house No.165, Sector-8, Chandigarh, the offending vehicle being driven in a rash and negligent manner struck against the motorcycle of Gurmej Singh. The offending vehicle was being driven by respondent No.1 in a rash and negligent manner with high speed. Both the occupants of the motorcycle fell down and suffered multiple injuries on their persons. Gurmej Singh died on account of injuries. Parminder Kaur (wife of the deceased) suffered multiple injuries on her person on account of accident.

(3.) Motor Accident Claims Tribunal, Chandigarh (for short 'the Tribunal'). while deciding issue No.1 held that the accident took place due to rash and negligent driving of respondent No.1 i.e. driver of the offending vehicle.