Punjab-Haryana High Court
Sharmila vs Sunder Singh And Ors on 13 May, 2024
Author: Alka Sarin
Bench: Alka Sarin
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Reserved on : 08.05.2024
Pronounced on : 13.05.2024
104 FAO-59-2014 (O&M)
SHARMILA @ SARLA ....Appellant
VERSUS
SUNDER SINGH & ORS. ....Respondents
104-A FAO-4599-2014 (O&M)
SUKHBIR SINGH AND ORS. ....Appellants
VERSUS
SUNDER SINGH & ORS. ....Respondents
104-B FAO-7947-2014 (O&M)
SUKHBIR SINGH ....Appellant
VERSUS
SUNDER SINGH & ORS. ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Raman Chawla, Advocate
for the appellant in FAO-59-2014.
Mr. Mohit Garg, Advocate
for the appellants in FAO-4599-2014 & FAO-7947-2014
Mr. Jasdev Singh Thind, Advocate
for respondent No.1 in all the FAOs.
Mr. Shubham Jain, Advocate and
Ms. Suman Jain, Advocate for respondent No.3 in all the FAOs.
AMAN JAIN
2024.05.12 23:46
I attest to the accuracy and
integrity of this judgment/order.
104 FAO-59-2014 (O&M) -2-
ALKA SARIN, J.
1. The present order of mine shall dispose off the above noted
three appeals being FAO-59-2014, FAO-4599-2014 and FAO-7947-2014
filed by the claimants challenging the award dated 05.09.2013 passed by the
Motor Accident Claims Tribunal, Bhiwani vide which their claim petitions
have been dismissed.
2. The case set up was that on 17.12.2010 at about 7:30 pm
Kalawati (since deceased) along with her daughter Suman (since deceased),
after loading gawar in the trolley attached with tractor bearing registration
No.HR-16-D-2635, was coming from their fields to their Village Jainawas.
The said tractor was being driven by Jaidev son of Begraj and Suman was
sitting on the right side of the tractor and when the tractor reached within the
area of Village Gharwa 2 kilometers towards Bhera side, Tata-407 bearing
registration No.HR-16-GA-0300 fully loaded with passengers being driven
in a rash and negligent manner and at a very high speed dashed with the
right side of the tractor and due to the heavy impact the Tata-407 bearing
registration No.HR-16-GA-0300 turned turtle and the right side of the tractor
was broken and as a result Kalawati and Suman received fatal injuries. One
of the passengers travelling in the Tata-407 also died at the spot. FIR No.192
dated 18.12.2010 under Sections 279, 337 and 304-A Indian Penal Code,
1860 was registered at Police Station Siwani on the statement of one Jaidev.
The petitions were contested by the respondents.
integrity of this judgment/order.
104 FAO-59-2014 (O&M) -3-
3. On the basis of the pleadings of the parties, the following issued
were framed :
1) Whether the accident took place due to rash and
negligent driving of vehicle Tata-407 bearing
registration No.HR-16-GA-0300 by respondent No.1
Sunder Singh or due to rash and negligent driving of
tractor bearing registration No.HR-16-D-2635 by
respondent No.4 Jaidev or both, resulting into deaths of
Kalawati and Suman and injuries sustained by claimant
Sharmila @ Sarla as alleged ? OPP
2) If issue No.1 is proved, whether claimants Sukhbir
etc. of claim petition No.29 of 2011 are entitled for
compensation, if so, to what amount and from whom ?
OPP
3) If issue No.1 is proved, whether claimants Sukhbir
etc. of claim petition No.30 of 2011 are entitled for
compensation, if so, to what amount and from whom ?
OPP
4) If issue No.1 is proved, whether claimant Sharmila
@ Sarla of claim petition No.64 of 2011 is entitled for
compensation, if so, to what amount and from whom ?
OPP
integrity of this judgment/order.
104 FAO-59-2014 (O&M) -4-
5) Whether petitions are not maintainable in the
present form ? OPR
6) Whether respondents No.1 and 4 were not having
valid driving licence and offending vehicles were being
driven in violation of the terms and conditions of the
insurance policy at the time of the accident ? OPR-3 & 5
7) Relief.
4. The Tribunal dismissed the claim petitions on the ground that
the FIR (Ex.P-5) was registered on the statement of one Jaidev, however, the
said witness had not been examined. It was further held that no other witness
or eye-witness was examined and only on the basis of charge sheet (Ex.P-9),
challan (Ex.P-8) and FIR (Ex.P-5), it could not be held that respondent No.1
was driving the offending vehicle in a rash and negligent manner.
Accordingly, the claim petitions were dismissed. Aggrieved by the same, the
claimants have preferred the present appeals.
5. Learned counsel appearing on behalf of the claimants would
contend that Sharmila @ Sarla, who was one of the passengers in the Tata-
407 bearing registration No.HR-16-GA-0300, was duly examined and hence
there was no occasion for the Tribunal concerned to dismiss the claim
petitions.
integrity of this judgment/order.
104 FAO-59-2014 (O&M) -5-
6. Per contra, learned counsel for respondent No.3-Insurance
Company has vehemently argued that in the absence of any eye-witness of
the alleged accident, the claims petitions have rightly been dismissed.
7. Heard.
8. In the present case Sharmila @ Sarla, who was one of the
passengers in the Tata-407 bearing registration No.HR-16-GA-0300, was
duly examined and she, in her examination, stated that she was one of the
passengers and that the Tata-407 bearing registration No.HR-16-GA-0300
was being driven in a rash and negligent manner and further that tractor
bearing registration No.HR-16-D-2635 was also being driven in a rash and
negligent manner which was coming from the opposite direction. Both the
vehicles collided and due to the heavy impact two ladies sitting on the
tractor and one travelling in the Tata-407 died on the spot and that she along
with other occupants suffered injuries. Nothing could be elicited from her in
her cross-examination. Once the eye-witness of the accident was duly
examined, there was no reason for the claim petitions to have been dismissed
by the Tribunal concerned. Accordingly, the impugned award cannot be
sustained.
9. In view of the above, the present appeals are allowed and the
impugned award passed by the Tribunal concerned is set aside. The matter is
remanded back to the Tribunal concerned for deciding afresh on merits and
integrity of this judgment/order.
104 FAO-59-2014 (O&M) -6-
in accordance with law. The parties to appear before the Tribunal concerned
on 24.05.2024. Pending applications, if any, also stand disposed off.
13.05.2024 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this judgment/order.
