LAWS(P&H)-2018-2-196

SHUBHAM Vs. GURMEET SINGH

Decided On February 15, 2018
Shubham Appellant
V/S
GURMEET SINGH Respondents

JUDGEMENT

(1.) This order will dispose of FAO Nos. 4896, 5295 and 5492 of 2014 as these have emerged out of the same award dated 07.04.2014 passed by the Motor Accidents Claims Tribunal, Fatehabad (in short 'the Tribunal') whereby compensation has been awarded in respect of injuries sustained by Shubham, Balwinder Kaur and Harbhajan Singh in a motor vehicular accident that took place on 23.03.2012 due to rash and negligent driving of Maruti Gypsy bearing No.DDD-4805 when the injured victims were travelling on motorcycle bearing No.HR22-D/0569.

(2.) Counsel for the claimants/appellants would argue that the Tribunal has wrongly held that present is a case of contributory negligence of ill-fated vehicle driven by injured Harbhajan Singh and Maruti Gypsy driven by Gurmeet Singh, its owner. It is argued with vehemence that mere fact that four persons i.e. two kids and two adults were travelling on the motorcycle in violation of provisions of section 128 of the Motor Vehicles Act, 1988 (in short 'the Act') is not sufficient to attribute negligence to Harbhajan Singh much less to the travellers on the pillion seat. It is argued that the question of negligence is a factual issue to be decided on the basis of evidence adduced by the parties. It is further argued that though the Tribunal has accepted plea of the claimants that accident took place due to rash and negligent driving of car i.e. Maruti Gypsy by Gurmeet Singh but still proceeded to record a finding that it was a case of contributory negligence.

(3.) The Tribunal in para 14 of the award has dealt with issue of rash and negligent driving of offending vehicle i.e. Maruti Gypsy by Gurmeet Singh. A relevant extract therefrom, reads as follows:-