SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order Annexure P-12 dated 30.08.2007 and order Annexure P-13, endorsed on 05.10.2007.

(2.) VIDE the impugned orders, the petitioner, who was serving as a Driver on the vehicle of Punjab Police, has been asked to pay 50% of the amount awarded by Motor Accident Claims Tribunal while dealing with MACT Case No. 94 of 03.11.2004 titled Karamjit Kaur and others v. Sarwan Singh and others decided on 9.4.2007.

(3.) LEARNED counsel for the respondent to the contrary has argued that the facts in regard to the incident, as pleaded on behalf of the petitioner are admitted, however, it was for the petitioner to have the Award passed by the Motor Accident Claims Tribunal set aside. The petitioner rather chose to withdraw the appeal filed in challenge to the Award.