Dismissed

M.D. Pepsu Road Transport Corp v. Karamjit Kaur Gill and Ors.

Punjab & Haryana HC3 Dec 2024FAO/3237/2024

Case brief

AI extract

What is this about?

Appeal by bus owner against award of ₹46,97,980/- to claimants for death in a road accident. The court found no error in the Tribunal's conclusion, based on evidence and preponderance standard under Section 166 MVA, that the accident was caused by the bus's negligent driving; DDR version was rightly ignored.

What the court decided

AI extract

M.D. Pepsu Road Transport Corp Vs Karamjit… — Motor Accident Claims | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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132

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FAO-3237-2024 (O&M) Date of Decision.:03.12.2024

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M.D. PEPSU Road Transport Corpora.on (PRTC)

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…..Appellant

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Vs.

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Karamjit Kaur Gill and Others

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.….Respondents

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. Anupam Singla, Advocate for the appellant.

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DEEPAK GUPTA, J. (ORAL)

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The owner of the offending bus has approached this Court by way of present appeal against the award dated 06.12.2023 passed by learned Motor Accident Claims Tribunal, Ferozepur, whereby compensa*on of ₹46,97,980/- along with interest has been awarded to the claimants (respondent Nos.1 & 2 herein) on account of death of Dilpreet Singh Gill @ Dilpreet Singh in a motor vehicle accident.

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The only issue raised by learned counsel for the appellant is regarding the involvement of the offending bus, inasmuch as it is contended that there was no evidence to show its involvement or to prove that accident was caused due to negligent driving of the offending bus.

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As per the case pleaded by the claimants, on the night intervening 17/18.06.2022, Dilpreet Singh Gill (deceased) was driving his car bearing No.PB-47-6111 and was coming from Zira City. As he reached near Zira Octroi Sheller, offending bus bearing No.PB-04-AE-2674 being driven by its driver Harjit Singh in rash and negligent manner came and struck against the car of Dilpreet Singh resul*ng in his death at the spot. DDR was

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NEETIKA TUTEJA 2024.12.04 16:36 I attest to the accuracy and integrity of this document

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FAO-3237-2024 (O&M)

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-2-

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recorded on the statement of one Parminder Kaur.

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The offending bus was not insured with any insurance company. The driver; and owner (appellant herein) denied the claim. As per the stand taken by them in the wriAen statement, no accident had taken place with the offending bus. It was submiAed that on the date of alleged accident, Dilpreet Singh was driving the car in drunken condi*on. It was raining at that me, when the vehicle of the answering respondents had gone near the place of alleged accident and that someone noted the registraon number of the offending bus and involved it in the accident.

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Necessary issues were framed. Evidence produced by the pares was taken on record. The Tribunal disbelieved the stand taken by the respondents of the pe**on i.e. driver and owner and held that accident was caused due to rash and negligent driving of the driver of the offending bus and proceeded to assess the compensaon.

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Learned counsel for the appellant laid emphasis on the DDR No.20 dated 18.06.2022, which was got recorded by one Parminder Kaur and who had stated that car being driven by deceased Dilpreet Singh had struck against the PEPSU Roadways bus and as it was raining at that me, there was no rash or negligent driving on the part of the bus driver and so, she did not want to iniate any proceedings. It is contended that said Parminder Kaur was the mother of deceased Dilpreet Singh.

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The aforesaid conten*on of the appellants i.e. driver/owner was refuted by the claimants by submiFng that name of the mother of the deceased is Karamjit Kaur, who is also one of the claimants; and not Parminder Kaur. Said Karamjit Kaur even appeared in the witness box. It was not confronted to her that her real name was Parminder Kaur. It was not the case of the driver/owner of the offending bus that Karamjit Kaur was not the mother of the deceased or that in fact Parminder Kaur was the

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NEETIKA TUTEJA 2024.12.04 16:36 I attest to the accuracy and integrity of this document

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FAO-3237-2024 (O&M)

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mother of the deceased.

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Apart from above, learned Tribunal further noced the fact that the respondents of the pe**on i.e. driver and owner had taken a wrong stand that someone had falsely implicated their bus, which had only passed through near the spot of accident. It was further noced that the stand of the driver/owner to the effect that deceased was in drunken state at the *me of accident was falsified from the post-mortem report.

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The pe**ons under Sec*on 166 of the Motor Vehicle Act are to be decided on the basis of preponderance of evidence. The rashness or negligence is not to be decided on the basis of proof beyond reasonable doubt.

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In the present case, learned Tribunal did not commit any error, aJer apprecia*ng the evidence on record, to come to the conclusion that accident was caused due to rash and negligent driving of the offending bus owned by the appellant. The DDR version was rightly ignored, as it was not proved that Parminder Kaur was the mother of the deceased.

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As such, finding no merit in the present appeal, same is hereby

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dismissed.

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All the miscellaneous applica*on(s), if any, stand disposed of.

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( DEEPAK GUPTA )

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JUDGE

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December 03, 2024

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Nee*ka Tuteja

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Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

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NEETIKA TUTEJA 2024.12.04 16:36 I attest to the accuracy and integrity of this document

M.D. Pepsu Road Transport Corp v. Karamjit Kaur Gill and Ors.

Case brief

What is this about?

What the court decided

M.D. Pepsu Road Transport Corp v. Karamjit Kaur Gill and Ors.

Case brief

What is this about?

What the court decided

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