Dharam Kaur And Ors vs Vijay Kumar And Ors
2024 Latest Caselaw 5539 P&H

Punjab-Haryana High Court

Dharam Kaur And Ors vs Vijay Kumar And Ors on 12 March, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                 2024:PHHC:035406

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                         235                                          FAO-2012-2007 (O&M)
                                                                      Date of Decision : 12.03.2024

                         DHARAM KAUR & ORS.                                             .... Appellants

                                                            VERSUS

                         VIJAY KUMAR & ORS.                                           .... Respondents

                         CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                         Present :      Mr. Sudhir Aggarwal, Advocate for the appellants.

                                        Mr. Arjun Atri, Advocate for
                                        Mr. Rahul Pathania, Advocate for respondent No.3.

                         ALKA SARIN, J. (ORAL)

1. The present appeal has been preferred by the claimants against

the dismissal of the claim petition by the Motor Accident Claims Tribunal,

Gurgaon vide award dated 13.02.2007.

2. Learned counsel for the appellants would contend that the

factum of the accident stood proved as the injured, who was travelling with

the deceased in the Jeep bearing registration No.HR-14/7956, had deposed

regarding the accident.

3. On the contrary, learned counsel for respondent No.3 would

contend that there was no FIR which was lodged and that the testimony of

PW-1, namely, Sher Singh was also found to be unbelievable and hence the

claim petition was rightly dismissed.

4. Heard.

5. In the present case the eye-witness, who was stated to have

been travelling along with the deceased on 08.07.2001 at the time of the

integrity of this judgment/order.

235 FAO-2012-2007 (O&M) -2-

accident, deposed that he was travelling in the Jeep bearing registration

No.HR-14-7956. When the Jeep reached near Mubarikpur turn at around

3:30 pm, a truck bearing registration No.HR-26-A-2186 came from the

opposite direction, which was being driven by respondent No.1 in a rash and

negligent manner, hit the Jeep due to which the Jeep turned turtle. He further

deposed in his cross-examination that he did not inform the Police regarding

the accident and that he also did not go to the Civil Hospital, Gurgaon along

with the dead body of Balbir Singh. He also admitted not having informed

any of the family members of the deceased. He further stated that he had

received minor injuries in the accident, however, he did not get himself

treated. In view of the statement made by PW-1, namely, Sher Singh and in

the absence of the FIR, no fault can be found with the award passed by the

Tribunal concerned.

6. In view of the above, the present appeal, being devoid of any

merits, is accordingly dismissed. Pending applications, if any, also stand

disposed off.

                         12.03.2024                                         (ALKA SARIN)
                         Aman Jain                                             JUDGE

                                    NOTE:     Whether speaking/non-speaking: Speaking
                                              Whether reportable: YES/NO







integrity of this judgment/order.