Motor accident death claim appeal challenging the Tribunal's disregard of an unproved dying statement; the High Court found no reason to interfere with the Tribunal's findings of fact on compensation awarded for the accident.
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[103] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH
FAO-34 4 -1994 Date of D ecision : 28.10.2024
The Lud h iana District Milk Producers Union Li m ited and another …Appellants
versus
Gurjeet K aur and others ….Respondents
Coram : HON’BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Bikramjit Singh Patwali a , Advocate with Mr. Gaurav Jagota, Advocat e for the appellants.
Mr. Lalit Garg, Advocate fo r respondent-Ins. Co.
PANKAJ JAIN, J. (ORAL)
[1] The instant appeal is direct e d against Award dated 08.11.1 9 93 passed b y the learned MACT, Ludhiana whereby, the claimants have been awarded c ompensation of Rs.1,44,000/- o n account of death of Jagjit Si n gh in a moto r vehicular accident.
[2] As per the case of the claim a nts, when deceased was travel l ing on motor c ycle a milk tanker bearing re g istration No.PUM-3196 owne d by the Corp o ration, which was being driven in a rash and negligent manne r by Darshan S ingh-Driver, struck him. Jagji t Singh was hospitalized in inj u red condition where he succumbed to injurie s .
RAJNEESH SHARMA 2024.11.09 05:18 I attest to the accuracy and integrity of this document
FAO-344-1994 -2-
[3] Learned Tribunal after an a lyzing the evidence came to the conclusion that the accident was cause d on account of rash and negli g ent driving b y the Driver and awarded comp e nsation to the claimants. The o nly ground b e ing pleaded by counsel for the a ppellants is that statement of J a gjit Singh-inj u red as recorded by ASI Kak a Singh on 19.03.1990 was tot a lly disregard e d while returning findings on i s sue No.1.
[4] From the evidence, it is disc e rnible that though the statement as recorded i n Daily Diary Report was tend e red in evidence as Exhibit A-3 but the same could not be proved by exami n ing Kaka Singh, who recorded the said state m ent. Learned Tribunal, while discarding Exhibit A-3 relied u p on communi c ation dated 20.03.1990 (Exhibit A-6) written by the Man g ing Director t o the Insurance Company and the fact that Darshan Singh-Dr i ver himself w ent to Kohara to inform the co n cerned authority about the acci d ent involving the milk tanker.
[5] In view of the above, this C ourt does not find any reaso n to interfere i n the pure findings of fact reco r ded by the learned Tribunal, w h ich are based upon the proper appreciation.
[6] Dismissed .
(PANKAJ JAIN) JUDGE
28.10.20 2 4 ‘R. Sharma'
Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No
RAJNEESH SHARMA 2024.11.09 05:18 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the Tribunal erred in disregarding the deceased's recorded statement (Exhibit A-3) while determining rash and negligent driving?
The Ludhiana District Milk Producers Union Limited and another
Gurjeet Kaur and others
Pankaj Jain
As recorded by the court registry
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