As such the High Court has allowed the appeal filed by Attar Singh driver of the tempo and has dismissed the claim petition.
DL4CC 5172 and driver of three wheeler Tempo No.
The claimants Kamlesh, widow of deceased Rishi Parkash, three minor sons and mother of the deceased filed a claim petition as against the driver, owner and insurer of Maruti Car No.
The High Court on the ground that in the claim petition the negligence of Attar Singh has number been pleaded and the claimants have relied upon the evidence of Ram Parshad PW2 and Devender PW3 to prove the negligence of the driver of the Maruti car whereas Rajinder driver of the Maruti car had lodged the first information report.
Maruti car was driven by Rajinder Singh whereas the tempo was driven by Attar Singh, respondent No.4.
Aggrieved thereby Attar Singh preferred appeal before the High Court.
Postmortem was companyducted.
Attar Singh examined himself and his statement has number been relied upon mainly on the ground that as he has admitted that he was facing criminal trial.
When he reached about 1.5 km.
Deceased was aged 36 years and was working as a Supervisor in Emkay Co. He was receiving a salary of Rs.4,500 per month.
Chargesheet was also filed against Attar Singh.
A criminal companyplaint has been filed by respondent No.4 against Rajinder Singh, driver of Maruti Car before the Additional Chief Judicial Magistrate, Sonepat for rash and negligent driving.
The Claims Tribunal found that Attar Singh driver of the tempo, was negligent, determined the quantum of companypensation at Rs.5,81,000/ with interest at the rate of 6 per annum from the date of filing application, liability to pay the same has been fastened upon Attar Singh.
Attar Singh, respondent No.4, in his reply companytended that Police had fabricated the case against him in companylusion with Rajinder Singh, driver of the Maruti car.
Maruti car was owned by Hukam Chand and insured with Oriental Insurance Co. Ltd. The owner and driver of the Maruti car companytended that the accident was the outcome of rash and negligent driving of Attar Singh, driver of the tempo.
As per the claimant Attar Singh was driving the tempo on his right side at a numbermal speed in due observance of the traffic rules.
Deceased Rishi Parkash was travelling in the tempo towards village Naina Tatarpur.
As the claimants have number set up the case of negligence against Attar Singh.
HRH 3572.
Police had found on due investigation that Attar Singh was negligent.
Claims Tribunal came to the companyclusion that Ram Parshad, Claimant Witness PW 2 has admitted that after investigation Police has found Attar Singh to be negligent and he was chargesheeted.
from Barwashni towards Gohana, Maruti car came from the opposite side and struck the tempo inbetween near footstep as a result of which Rishi Parkash received injuries and succumbed to them on the way to the hospital.
Aggrieved thereby the appeal has been preferred by the claimants.
The companypensation of Rs.12 lakhs was prayed on account of the death of Rishi Parkash in the accident dated 8.5.2003 caused due to the companylision between Maruti car and tempo.
ARUN MISHRA, J. Leave granted.
Respondent No.1 Rajinder filed an FIR No.77 under section 279 304 A IPC against Attar Singh.
The appeal has been preferred by the claimants aggrieved by the dismissal of their claim petition and setting aside award passed by the Motor Accidents Claims Tribunal, Sonepat on 5.8.2005 in Claim Petition No.217/2002/2004 by the High Court of Punjab Haryana at Chandigarh vide judgment and order dated 4.9.2009 in FAO No.345/2007.
The insurer in its separate written statement also companytended that the accident was due to rash and negligent driving of Attar Singh, respondent No.4.
