HARSHVIR SINGH Vs. KIRNA DEVI

JUDGEMENT

(1.) THIS appeal filed by the owner under Section 173 of the Motor Vehicles Act, is directed against the award of the Motor Accident Claims Tribunal (II), Una in MAC Petition No. 61/97 decided on 30.3.2001.

(2.) THE facts necessary for decision of the case are that the claimants are the widow, minor daughter and mother of the deceased Kamal Kishore. They filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation from Dr. Harshvir Singh, Appellant on the ground that the deceased Kamal Kishore had died in a Motor Vehicles accident due to rash and negligent driving of the Appellant.

(3.) THE owner in his reply took up the plea that his vehicle was not at all involved in the accident. It was stated that a false police case was got registered against the Appellant in connivance with the employer of the deceased. It was also pleaded that the Respondent had complained against registration of false case against him and inquiry was going on. The Appellant averred that the true facts were that he along with his mother was coming from Nawanshehar side and when they reached near Mehandipur, one person was lying injured on the road and another person gave a signal to stop the car so as to shift the injured to the hospital. The Appellant being a doctor, on humanitarian ground took the injured to the hospital and requested the doctors to do the needful. The sum and substance of the stand of the Appellant was that he had been falsely implicated in the case and no accident had taken place with his car.