LAWS(P&H)-2009-9-64

YOG RAJ @ JOG RAJ Vs. BHAJAN KAUR

Decided On September 08, 2009
Yog Raj @ Jog Raj Appellant
V/S
BHAJAN KAUR Respondents

JUDGEMENT

(1.) THIS judgment of mine shall dispose of aforesaid three F.A.O. Nos. 3609, 3307 and 3610 of 2006 which arise out of the award dated 22.02.2006, passed by Motor Accident Claims Tribunal, Rupnagar whereby Yog Raj respondent-appellant (herein referred as 'the respondent') alongwith Ranjit Singh in MACT Case No. 16 of 16.01.2004 was held liable for the accident and was fastened the liability of compensation to the tune of Rs. 3,15,000/- alongwith interest @ 6% on account of the death of Avtar Singh and as a consequence thereof M.A.C.T. Case No. 16 of 11.09.2004 filed by Yog Raj- respondent was dismissed.

(2.) FACTUAL background of the case is that on 18.07.2003 at about 9:00 p.m., Avtar Singh (deceased) was coming on his scooter bearing registration No. PB- 16-4070 after completing his job. When he reached near the railway station on the railway road, then Yog Raj while driving the scooter bearing registration No. PB-12-2379 rashly and negligently came from the opposite side and struck against the scooter of Avtar Singh. Resultantly, Avtar Singh fell down on the ground. He was shifted to BBMB Hospital, Nangal from where he was referred to PGI, Chandigarh. Ultimately, he succumbed to the injuries on 23.07.2003 at 8:00 a.m. Consequently, FIR was recorded at police station Nangal Township vide No. 67 dated 18.07.2003. Resultantly, Yog Raj appellant was challaned and faced trial.

(3.) RANJIT Singh, registered owner of the offending vehicle also filed a separate written statement submitting that he had already transferred the aforesaid scooter in the name of Yog Raj, therefore, he could not be held liable. From pleadings of the parties, following issues were framed :-