AMANDEEP Vs. TEJPAL AND OTHERS

JUDGEMENT

(1.) Above mentioned three appeals have been taken up together for disposal as these arise from the same accident and award passed by the Motor Accident Claims Tribunal, Karnal.

(2.) As per case of claimants, Amandeep (appellant in 4367-2014) and Narwair Singh (appellant in FAO-6290-2014), both the claimants, on 09.06.2010 were going on motorcycle bearing registration no. HR-05R-2731, which was being driven by Amandeep and Narwair Singh was pillion rider. At about 07.30 p.m., they reached 1 kms. ahead from village Ramba towards village Shamgarh, when the offending vehicle (HR-75-1027) being driven by Tejpal (appellant in FAO-5589- 2014) at a very high speed and in a rash negligent manner came from opposite side i.e. from the side of village Shamgarh, hit against motorcycle of Amandeep, who fell on the ground and suffered serious injuries.

(3.) Appellant-Tejpal (FAO-5589-2014) driver of offending vehicle has given his own version of the accident in claim petition filed by him and alleged that on the fateful day at about 07.30 pm., when he reached 1 kms. ahead of village Ramba from village Shamgarh, Amandeep with pillion rider Narwair Singh came on motorcycle bearing registration no. HR-05R-2731. Amandeep was driving the motorcycle at a very fast and high speed in a rash, negligent and zig-zag manner. When Amandeep reached near motorcycle of Tejpal, he left handle of the motorcycle and Narwair Singh stood on rear seat of the motorcycle as a result of which motorcycle of Amandeep dashed against motorcycle of Tejpal, who fell down and suffered multiple serious and grievous injuries.