Advocates:
Advocate Appeared:
For the Appellant :Mr. Swarn Tiwana, Advocate

JUDGMENT :

Alka Sarin, J.

The present appeal has been preferred by the driver and now owner of the offending vehicle aggrieved by the award dated 17.08.2023 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib.

2. The brief facts relevant to the present lis are that one Pargat Singh had filed the present claim petition under Section 166 of the Motor Vehicles Act, 1998 for grant of compensation as he had received injuries in a roadside accident which took place on 24.06.2019. During the pendency of the claim petition, Pargat Singh died on 24.02.2021 and his wife, namely, Kulwinder Kaur and his minor son, namely, Arshdeep Singh were brought on the record as his legal representatives. It was pleaded in the claim petition that Pargat Singh was 43 years of age at the time of the accident and he was an agriculturist and also driving a harvester combine. He was earning ?30,000 per month. It was the case set up by the claimant in the claim petition that on 24.06.2019 Pargat Singh along with his wife, namely, Kulwinder Kaur was going to Village Kheri from Sirhind on his Scooter bearing registration No.PB-23-V-2268 (Mahindra make). Pargat Singh was driving the said Scooter and Kulwinder Kaur was riding pillion. At about 7:30 p.m. both of them reached at Village Malakpur near Dharamshala when a car bearing registration No.PB-23-X-7424 driven by the appellant herein came from the phirni of the Village and hit his scooter. It was further averred that the appellant herein was driving the car in a rash and negligent manner. Pargat Singh and his wife, namely, Kulwinder Kaur fell on the road. As a result, Pargat Singh received injuries on his right leg, knee, shoulder, left wrist and other parts of the body. His left leg was fractured. Kulwinder Kaur also received injuries on her right shoulder and right leg. Pargat Singh was got admitted in Civil Hospital, Fatehgarh Sahib from where he was referred to Government Medical College and Hospital, Sector-32, Chandigarh on 27.06.2019 and remained admitted upto 17.07.2019. It was further the case set up that the accident took place due to rash and negligent driving of the driver of the offending vehicle. FIR No.154 dated 25.06.2019 was got registered under Sections 279, 337, 338 and 427 Indian Penal Code, 1860 at Police Station Sirhind.

3. Notice of the claim petition was issued to the driver and the owner of the offending vehicle who appeared in Court through counsel and filed written statement pleading that on 24.06.2019 they were returning to their house and there was a lot of mud on the road due to heavy rain. They saw a person, namely, Pargat Singh was lying on the road and his wife was trying to pick up the fallen scooter. They stopped to help the lady and Pargat Singh and his wife started blaming them for causing the accident. Rejoinder was filed reiterating the stand taken in the claim petition and denying that taken in the written statement.

4. On the basis of the pleadings of the parties, the following issues were framed :

1. Whether the claimant Pargat Singh sustained injuries in a road side accident, which is stated to have been caused with the rash and negligent driving of car bearing registration No.PB-23-X-7424 respondent No.1 on 24.06.2019 at 7:30 a.m. within the jurisdiction of P.S. Sirhind, District Fatehgarh Sahib ? OPC

2. Whether the claimant(s) are entitled for compensation, from the respondents No.1 and 2 as their joint and several liability of any and to what extent ? OPC

3. Whether the claimants are entitled to the interest on the compensation to be allowed, if any, is so, at what rate and for which period ? OPC

4. Whether this claim petition is legally not maintainable in the present form ? OPR 1&2

5. Relief.

5. Pargat Singh had initially appeared in the witness box as CW-1 and had filed his duly sworn affidavit as Ex.CW-1/A, however, he could not be cross-examined as he died during the pendency of the claim petition. Legal representatives of Pargat Singh were brought on the re