RAJINDER KUMAR SHARMA Vs. SURESH KUMAR

JUDGEMENT

(1.) Rajinder Kumar Sharma, owner of the vehicle in question has filed the instant appeal assailing the award dtd. 9/8/2017 passed by the M.A.C.T, Rup Nagar.

(2.) Brief facts may be noticed at the outset. A claim petition was filed under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.80.00 lakhs on account of death of Nitish Kumar in a motor vehicle accident that took place on 25/3/2015. Claimants were the parents, sister and brother of the deceased. In the claim petition it was asserted that on 25/3/2015 Nitish Kumar (since deceased) was proceeding from Chandigarh to Ghanauli on his motorcycle bearing registration no. PB-12P-7647. At about 9.30 P.M a truck bearing registration no. HR-64-1253 came from the back side (Rup Nagar side) and being driven in a rash and negligent manner, struck with the motorcycle and on account of which Nitish Kumar fell down and his head was crushed under the tyre of the truck. Nitish Kumar is stated to have died at the spot. FIR No.21 dtd. 26/3/2015 came to be lodged at Police Station, Sadar Rup Nagar on the statement of uncle of the deceased namely Ritesh @ Hitesh Kumar.

(3.) The claim petition came to be contested by the driver and owner of the offending vehicle in terms of filing separate written statements. The factum of accident was denied and it was further submitted that the FIR in question does not reflect the registration number of the vehicle in question. Respondent no.3-Insurance Company filed a written statement taking a preliminary objection that the insurance policy had been manipulated by the owner/present appellant and that no policy covering the period 15/3/2015 to 14/3/2016 had ever been issued by any official of the Insurance Company. It was further stated that even a complaint dtd. 8/6/2016 had been lodged with the police against the owner of the vehicle in such regard.