The main legal point established in the judgment is that the evidence on record should be analyzed to ascertain whether it is sufficient to answer the matters in issue on the touchstone of preponderance of probabilities in accident claim cases.

JUDGMENT

Tribhuvan Dahiya, J. (Oral) - This appeal has been filed by the appellant/Insurance Company disputing its liability to satisfy the award passed by the Motor Accidents Claims Tribunal, SAS Nagar (Mohali) (in short 'the Tribunal') dated 5.4.2022, on the ground that the offending vehicle/car in question has been implanted in the case, which essentially is a hit and run case.

2. The instant claim petition was filed by the wife and minor son of the deceased. As per facts of the case, as recorded in the award passed by the Tribunal, Tej Singh Sidhu (father of the deceased) recorded his statement with the police that he received telephonic message from the police to the effect that on 12.11.2019 at about 7:00 p.m. his son Rajiv Kumar (deceased) was going on his Activa scooter bearing registration No. CH04-J-6196 to join evening duty in PGIMER, Chandigarh, where he was working as Nursing Officer. He met with an accident when he reached near main market, Sunny Enclave, near Nijjar Chowk, Kharar, with a car bearing registration No. PB65- AV-7878. As a result, Rajiv Kumar suffered head injuries and was admitted to Civil Hospital, Phase VI, Mohali, for treatment. He along with his neighbors reached Civil Hospital, from where he came to know that his son Rajiv Kumar had been referred to PGI, Chandigarh, being in critical condition. He thereafter, reached the Trauma ward in PGI, Chandigarh, and found that his son had suffered head injuries. A young man Amandeep Singh/respondent No.3/ driver of the offending vehicle, met him there and disclosed that about 7.10 p.m., he had stopped his car near Nijjar Chowk and without noticing anything opened the window of driver side of the car. As a result Rajiv Kumar, riding on an Activa scooter, struck against the opened window and fell down on the road. He took Rajiv Kumar in his car to Chopra Hospital, Sunny Enclave, from where, he was referred to Civil Hospital, Phase VI, Mohali, and then to PGI, Chandigarh. During treatment at the PGI, Rajiv Kumar succumbed to the injuries on 27.11.2019. He was 44 years of age at the time of death. On the basis of statement of the complainant Tej Singh Sidhu, an FIR No. 273 dated 27.11.2019 was registered against the respondent No.3-driver and respondent No.4-owner of the car.

3. Upon notice, respondents No.3-driver and respondent No.4-owner of the offending vehicle, appeared and filed their written statements denying the factum of accident, and also involvement of the vehicle in it. It was also averred that a false FIR has been registered against respondent No.3-driver. The Insurance company also filed a separate written statement denying the factum of accident with the offending vehicle, as alleged.

4. The Tribunal has awarded compensation of Rs.1,31,84,784/- along with interest @ 7.5% per annum to the claimants. The liability was fastened on the driver, owner and Insurance company jointly and severally.

5. While deciding Issue No.1 'whether Rajiv Kumar son of Tej Singh Sidhu died in a motor accident, which took place on 12.11.2019, caused by respondent No.3 while driving offending car bearing registration No. PB 65-AV-7878, in a rash and negligent manner? OPP', the Tribunal has held that the factum of accident was proved by Gurinder Singh-eye witness of the occurrence as CW-4. He deposed that on 12.11.2019, he was present in the main market, Old Sunny Enclave, near Nijjar Chowk, Kharar, for purchasing some domestic articles when he saw that respondent No.3 -Amandeep Singh @ Mandeep Singh suddenly applied brakes and opened the driver side window in the middle on the main road, due to which Activa scooter of deceased Rajiv Kumar struck into the car. He fell down from the scooter and became unconscious as he received several injuries. The driver came out of the car and after seeing condition of the injured, took him to some hospital for treatment. He further deposed that he can identify the driver of the offending car. Within minutes PCR vehicle came on the spot