RAM SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) This judgment shall dispose of FAO No.7008 of 2011 (Ram Singh and another v. Surinder Kaur and others) and FAO No.4216 of 2012 (Surinder Kaur and others v. Ram Singh and others), which arise out of the same impugned award dated 01.10.2011 passed by the Motor Accident Claims Tribunal, Patiala (hereinafter referred to as, the 'Tribunal') vide which compensation has been awarded to the claimants on account of death of Joginder Singh in a motor vehicle accident.

(2.) Brief facts necessary for the adjudication of the case are that, a petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') was filed by the claimants (i.e., appellants in FAO No.4216 of 2012) seeking compensation on account of death of Joginder Singh in a motor vehicle accident which took place on 12.07.2008. As per averments in the claim petition, Sanjiv Kumar, Anil Kumar, Babbu, Naresh and Deep were proceeding from Maur Mandi to Patiala in a Scorpio vehicle bearing registration No.PB-03P-2025. This vehicle, it is averred, was being driven at a fast speed by Pargat Singh, who was arrayed as respondent No.3 in the claim petition. When they reached near Bhawanigarh Bus Stop at about 11.30 p.m., Joginder Singh asked for the lift and boarded the vehicle. It is further pleaded that when they were half a kilometer short of village Rajgarh on the road leading from Bhawanigarh to Patiala, the Scorpio vehicle struck against a tractor-trolley bearing registration No.PB-44A4076, which was moving in a zigzag manner ahead of Scorpio vehicle. Tractor-trolley, it was stated, was driven in a negligent fashion by its driver, Ram Singh.

(3.) The accident, it is claimed, had taken place due to the composite negligence of both the drivers of Scorpio vehicle as well as tractor-trolley. As a result of the accident, Joginder Singh and the other occupants of the Scorpio vehicle received serious injuries. Injured were taken to Rajendra Hospital, Patiala, where Joginder Singh succumbed to his injuries. Another occupant, Naresh also died in the accident. FIR No.303 dated 13.07.2008, under Sections 279/337/338/304A IPC was registered at Police Station Sadar, Patiala against the driver of the tractor-trolley. Deceased-Joginder Singh was claimed to be serving the Punjab Police as Assistant Sub Inspector. Compensation was thus prayed for by the claimants. Respondents No.1 and 2 in the petition i.e., driver and owner of the tractor-trolley (appellants in FAO No.7008 of 2011) contested the petition while stating that tractor-trolley was being driven at a slow speed on the correct side of the road. Sufficient and proper reflectors were affixed on the backside of the tractor, which were visible from afar. Driver of the Scorpio vehicle was, in fact, driving his vehicle at a very high speed in a rash and negligent manner. He tried to overtake the tractor without seeing the oncoming truck. Driver of the Scorpio vehicle lost control and hit against the tractor from behind. Thus, it is due to his negligence that the accident occurred. Petition was contested by the other respondents as well. Dismissal of the claim petition was prayed for.