FAO-1155-2005 (O&M)

2023:PHHC:067580

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-1155-2005 (O&M)

Date of Decision: 11.05.2023

Smt. Geeta Devi and another

….Appellants

Versus

Goverdhan Singh and others

….Respondents

CORAM:

HON’BLE MR. JUSTICE ARUN MONGA

Present:-

Mr. Paramveer Singh, Advocate for

Mr. Rohit Goswami, Advocate

for the appellants.

Mr. R.S. Mamli, Advocate

for respondent No.1.

Mr. I.S. Pabla, Advocate

for respondent No.2.

Ms. Meenakshi Bali, Advocate

for Mr. G.C. Shahpuri, Advocate

for respondent No.3.

*****

ARUN MONGA, J. (ORAL)

Suresh Kumar, all of a 26 years young man, unaware of the

tragic fate that awaited him, believed that he had narrowly escaped death on

September 18, 2000. Little did he know that his journey on the three-

wheeler, which he took after finishing his days work to return home to his

23-year-old wife and two-month-old infant son, would end in a fatal

accident with an offending tractor-trolley driven by respondent No.1.

Despite struggling for his life, Suresh Kumar passed away on October 18,

2000, at P.G.I., Chandigarh. His widow and minor son are the appellants in

1of 13

ASHISH

2023.05.12 14:05

I attest to the accuracy and

integrity of this judgment/order

FAO-1155-2005 (O&M)

2023:PHHC:067580

this case, seeking to overturn the impugned award dated November 19,

2004, rendered by the learned Motor Accidents Claims Tribunal, Ambala

(hereinafter referred to as "Tribunal"), dismissing their claim petition with

costs.

2.

Succinct facts first, as noted by learned Tribunal, are as below:

“The present claim petition has been filed by the petitioners

against the respondents for a compensation of Rs 15 lacs for the

death of Suresh Kumar alleging that petitioner No 1 Geeta Devi

was widow, petitioner No. 2 Ajay Kumar aged two years was

minor son of Suresh Kumar. Suresh Kumar was 20 years old. He

was a shopkeeper and was earning Rs.7500/- pm. On

15.9.2000 Suresh Kumar (since deceased) was on his way from

village Jagadhauli to village Thambar in a three-wheeler

bearing Registration No. HYR-8694. The said three-wheeler

was being rashly and negligently driven by Respondent No. 1

Goverdhan Singh. At about 3-50 pm the said three-wheeler was

near petrol pump in the area of P.S. Chappar on Ambala

Jagadhri road. The driver of the three-wheeler was trying to

overtake a tractor trolly while driving his three wheeler in a

rash and negligent manner and in that process, respondent No.

1 Goverdhan Singh hit his three wheeler with the right portion

of the trolly as a result of which, multiple and grievous injuries

were suffered by Suresh Kumar (since deceased). He was taken

to dispensary. He was discharged from there after some time

and was taken to Herbert Hospital, Yamuna Nagar and from

there he was referred to PGI Chandigarh on 17.10.2000, where

he had succumbed to his injuries on 18.10.2000. The petitioners

had spent Rs.35000/- on the treatment etc. of Suresh Kumar. All

the petitioners were dependent on the income of Suresh Kumar

(since deceased). The accident had taken place because of the

rash and negligent driving of three-wheeler by respondent No. 1

Goverdhan Singh. The said three wheeler was owned by

respondent No. 2.”

2.1.

As per testimony of Geeta Devi PW-1, on the date of accident,

her husband was aged 26 years. It seems that by typographical error, in the

impugned order, it has been mentioned as 20 years.

2of 13

ASHISH

2023.05.12 14:05

I attest to the accuracy and

integrity of this judgment/order

FAO-1155-2005 (O&M)

2023:PHHC:067580

3.

Upon notice, respondent No.1 herein (driver of the offending

vehicle) appeared and filed written statement. It was averred that no such

accident, as alleged by appellants, had taken place. Respondent No.1 was

falsely implicated in criminal case under Section 279, 337 and 304A IPC by

the police. It was also pleaded that three-wheeler No.HYR-8694 was owned

and possessed by respon