AMARJIT KAUR Vs. KAMTA PASWAN

JUDGEMENT

(1.) Vide this common order, bunch of eight cases i.e. FAO No.2640 of 2012 titled Amarjit Kaur Vs. Kamta Paswan and others, FAO No.2641 of 2012 titled Manjit Kaur Vs. Kamta Paswan and others, FAO No.2642 of 2012 titled Jagjit Singh @ Sonu Vs. Kamta Paswan and others, FAO No.2643 of 2012 titled Surjit Kaur Vs. Kamta Paswan and others, FAO No.2644 of 2012 titled Harbans Kaur Vs. Kamta Paswan and others, FAO No.2645 of 2012 titled Nachattar Kaur Vs. Kamta Paswan and others, FAO No.2646 of 2012 titled Manjit Kaur Vs. Kamta Paswan and others and FAO No.3129 of 2012 titled Bhinder Kaur and another Vs. Kamta Paswan and others is being decided as common question of law and facts are involved in and other connected cases 3 the aforesaid appeals. Though the aforesaid appeals have been decided separately by the Motor Accident Claims Tribunal, Fatehgarh (for short 'the Tribunal'), but since the appeals have arisen out of one accident, where issues No.1 and 2 in respect of negligence and validity of driving licence of respondent No.1 were common, therefore, I think it appropriate to decide the aforesaid appeals by common order.

(2.) The accident took place in the intervening night of 3/3/2009 and 4/3/2009, when the deceased Gurpreet Singh son of Jaspal Singh, Sukhpreet Singh son of Major Singh, Gurpreet Singh son of Surinder Singh, Bir Devinder Singh, Harjinder Singh @ Nand, Sardara, Major Singh and Jagjit Singh @ Sonu were going from village Kutala to village Sidhupur Kalan in a Scorpio vehicle being driven by Bir Devinder Singh after attending marriage party of son of Surjit Singh, Ex-Sarpanch of village Kutala. The vehicle was followed by another vehicle, being driven by Balbir Singh. After midnight, when the first Scorpio reached at Amrit Palace, Khamano, then it struck against rear portion of a truck parked on pucca road without any indicator and reflector. The truck was loaded with iron rods. Dala of the truck was open and the iron rods were protruding out of the said dala. Scorpio dashed into the truck and the truck was pushed which hit against the trees. The and other connected cases 4 claimants alleged that iron rods were protruding out of the said truck and the same hit the occupants of the jeep. Bir Devinder Singh and Sukhpreet Singh died at the spot due to piercing of iron rods through their bodies. Remaining injured i.e. Gurpreet Singh son of Jaspal Singh, Major Singh, Harinder Singh @ Nand, Sardara Singh, Gurpreet Singh son of Surinder Singh and Jagjit Singh were removed to the hospital in serious conditions by a vehicle of police highway patrolling. Out of the aforesaid six persons, five were declared dead and only Jagjit Singh was referred to P.G.I, Chandigarh. The accident was witnessed by Balbir Singh who was following the ill fated Scorpio. Balbir Singh informed the families of the deceased. He got the statement recorded.

(3.) Claim petitions were contested by the respondents.