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2022 Supreme(P&H) 328

PANKAJ JAIN
Ranjit Kaur – Appellant
Versus
Jarnail Singh – Respondent


Advocates Appeared:
Mr. Gurcharan Dass, Advocate for the appellants in FAO-6759-2010 and for respondents No.1 to 4 in FAO-1277-2011. Mr. Sham Lal Bhalla, Advocate for the appellant in FAO-1277-2011 and for respondent No.3 in FAO-6759-2010, for the Appellant; Mr. S.S. Swaich, Advocate with Mr. Abhey Sher Singh, Advocate for respondent No.1 in FAO-6759-2010 and for respondent No.5 in FAO-1277-2011. Mr. Karminder Singh, Advocate for respondent No.2 in FAO-6759-2010 and for respondent No.6 in FAO-1277-2011, for the Respondent

JUDGMENT

Pankaj Jain, J. - These two appeals are directed against award dated 21.04.2010 passed by Motor Accident Claims Tribunal, Fatehgarh Sahib (hereinafter referred to as 'Tribunal').

2. FAO-1277-2011 is at the behest of owner of the vehicle. He is aggrieved by the impugned award to the extent he has been saddled with the ultimate liability as the driving licence of respondent No.5 has been proved to be fake. The other appeal i.e. FAO-6759-2010 has been preferred at the behest of the claimants seeking modification of the award.

3. Both the appeals arise out of common award and involve common set of facts, thus they are being adjudicated together.

4. The claim petition was filed under Section 166 of the Motor Vehicles Act, wherein the claimants (appellants in FAO-6759-2010) prayed for grant of compensation on account of death of Charanjit Singh (since deceased) in a motor vehicular accident dated 03.01.2007.

5. As per the claim petition, while the deceased was riding scooter No. PB- 23-A-3064, it struck truck No.HR-37-A-8801 which was parked on the road without parking lights. The deceased received multiple injuries including head injury, resulting in his death. FIR No.1 dated 04.01.

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