The Punjab & Haryana High Court dismissed the appeal filed by the owner/driver of the vehicle involved in a fatal accident, upholding the Tribunal's findings of negligence due to wrong parking without lights or reflectors.
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Date of decision: 24th July, 2014
Ajaib Singh
� Appellant
Versus
Simarjit Kaur and others
� Respondents
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Present: Mr. Anupam Bhardwaj, Advocate for the appellant.
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CM No.133562CII of 2014
For the reasons mentioned in the application, which is supported by an affidavit, delay of 3 days in re2filing the appeal is condoned.
The application stands disposed of.
FAO No.4713 of 2014 (O&M)
Vide impugned Award dated 05.02.2014, Motor Accidents Claims Tribunal (Adhoc), Fast Track Court, Amritsar awarded compensation in favour of respondents No.1 and 2 on account of the
RATTAN PAL SINGH 2014.07.30 16:39 I attest to the accuracy and integrity of this document Punjab & Haryana High Court
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death of Harbans Singh @ Baba son of Kishan Singh in a motor vehicular accident caused due to the negligence of the owner/driver of the offending vehicle i.e. Tractor Trolley bearing registration No.PB022 AJ26173. While awarding compensation, the Tribunal held that the accident occurred due to wrong parking of the offending vehicle in the middle of the road at night time and without taking any precautions resulting into the death of Harbans Singh @ Baba.
Owner/driver of the offending vehicle has challenged the findings of the Tribunal on the question of negligence only.
I have heard learned counsel for the appellant and perused the impugned Award.
It may be noticed that PW21 Prabhjit Singh, an eye witness of the occurrence in question and who was following the deceased on another vehicle, has fully supported the case of the claimants stating that the offending vehicle was parked in the middle of the road without putting on its parking lights, indicators or reflectors and the motorcycle of the deceased struck against the stationary Tractor Trolley which resulted in his death. Though it has been argued before this Court that the said witness was son of the deceased and therefore, was an interested witness; however, it may be noticed that he was cross2 examined at length and nothing contrary could be elicited from him. Even while appearing as RW21, the appellant has failed to rebut the allegations that the offending vehicle was parked in the middle of the road without putting on its parking lights, indicators or reflectors etc. Moreover, there is no evidence on record to show that the deceased
RATTAN PAL SINGH 2014.07.30 16:39 I attest to the accuracy and integrity of this document Punjab & Haryana High Court
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was negligent in any manner. In view thereof, no fault can be found with the findings recorded against the appellant.
No other argument has been raised.
Dismissed.
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RATTAN PAL SINGH 2014.07.30 16:39 I attest to the accuracy and integrity of this document Punjab & Haryana High Court
1 issue framed by the court
Whether the findings of negligence of the owner/driver of the offending vehicle in the Motor Accidents Claims Tribunal should be set aside on appeal.
Ajaib Singh
Simarjit Kaur and others
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
