PARMINDER SINGH Vs. SURINDER MOHAN

JUDGEMENT

(1.) The present appeal has been filed against the award dated 15.10.2012, passed by the Motor Accident Claims Tribunal, Hoshiarpur (for short, the Tribunal), vide which, the claim petition filed by the respondent against the present appellant, was allowed.

(2.) Learned counsel for the appellant submitted that the respondent filed claim petition bearing MACT case No.22 dated 23.12.2009, against the appellant, claiming compensation to the tune of Rs.2,00,000/- on account of damage of Chevrolet Aveo Car bearing registration No.CH-04-6991, alleging a road side accident by the appellant. It was mentioned in the claim petition by the respondent that he is posted as Additional District and Sessions Judge, Ropar and was recently transferred from Gurdaspur to Ropar. It was further mentioned that on 23.06.2009, respondent alongwith his family was officially shifting from Gurdaspur to Ropar and they were traveling in their car No.CH-04-6991. Akshay Goel, who is son of respondent was driving the car and respondent was sitting on the back seat, whereas, Mrs. Prabha Goel wife of respondent was sitting on the left front seat of the car. It was further alleged that when the car reached near Nawan Shahar crossing on the bye pass road near Balachaur, a motor cycle bearing registration No.PB-07U-8958 being driven by the appellant at a very high speed and negligently came from the side of Balachaur and struck on the front left door of the car due to which car touched the roundabout of Nawanshahar and it was badly smashed.

(3.) After hearing learned counsel for the appellant, certain facts as narrated below have emerged, leaving no choice with this Court but to allow the present appeal filed by the appellant: