IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

211 FAO-1064-2014(O&M)

Date of decision: 21.11.2025 Pinky & Others ...Appellant(s)

Vs.

Raman Kumar @ Koushal & Others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Ms. Jaswinder Kaur, Advocate for Ms. Manjari Joshi, Advocate for the appellants.

Mr. Suvir Dewan, Advocate for respondent No.3.

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NIDHI GUPTA, J.

IOIN-FAO-1064-2014 Registry has put up the present matter under the category of IOIN. The main matter i.e. FAO-1064-2014 is taken up for arguments today itself. IOIN stands disposed of accordingly.

FAO-1064-2014 Present appeal has been filed by claimants against the Award dated 16.10.2013 passed by the Motor Accident Claims Tribunal, Jalandhar (hereinafter ‘the learned Tribunal’) whereby MACT No.2 of 10.01.2012 filed by the claimants/appellants under Section 166 of the Motor Vehicles Act (hereinafter “the Act”), has been dismissed; while awarding Rs.50,000/- under ‘No Fault Liability’. The 3 claimants are the widow and 2 minor children of deceased Chotte Lal, who was stated to be about 30 years old at the time of accident.

2. The pleaded case of the appellants in the Claim Petition before the Tribunal as recorded in Para 1 of the Award is that: -

“1. The claimants have filed this claim petition for compensation under section 166 of the Motor Vehicles Act, 1988 (here-in-after to be referred as the 'Act') with regard to accidental death of Chotte Lal, being his legal representatives against respondents. The brief facts of the case of the claimants are that on 18.09.2009 at about 3:00 P.M., Chotte Lal alongwith his brother Raj Kumar and his associate Vajinder Singh came to Jalandhar to purchase bangles from Northern Transport, Patel Chowk, Jalandhar. That they hired one three- wheeler vehicle bearing No. PB-08-BJ-7125, driven by a clean shaved young man aged about 28-29 years for proceeding to Begowal on charges of Rs. 300/-. That they put their goods in said three-wheeler and set out for village Begowal. That the driver of three-wheeler was driving it in rash and negligent manner despite their advise to the contrary. That when they reached near Gobind Dham at about 3:25 P.M, three-wheeler went out of control of its driver and twisted towards right side of the road, resulting into injury to Chotte Lal. That Chotte Lal died on the way to the hospital. That FIR No. 313 dated 19.09.2009 under Sections 279 IPC and 304-A IPC was registered against respondent Raman Kumar @ Kaushal, who was driver of Auto Rickshaw bearing No. PB-08-BJ-7125. That claimant No.1 Pinky is the wife of Chotte Lal and claimant No.2 and claimant No.3 are the minor son and daughter of late Chotte Lal and they have brought this claim petition being his legal representatives. That deceased Chotte Lal was 30 years of age at the time of his accidental death and was earning Rs. 15000/- per month. That accident took place at Gobind Dham, P.S. Magsudan, Jalandhar on 18.09.2009 at about 3:00 P.M. That accident took place due to rash and negligent driving of respondent No.1, who was driving three-wheeler bearing No. PB-08-BJ-7125 rashly and negligently. That respondent No.2 Nikka Ram was the owner of offending three-wheeler and respondent No.3 Oriental Insurance Company Limited, Jalandhar was its authorized insurer at the time of accident. That claimants have, thus, claimed for compensation regarding accidental death of Chotte Lal due to rash and negligent driving of respondent No.1 and this claim petition has been directed by them against respondents.”

3. Upon appraisal of pleadings and oral & documentary evidence adduced by the parties, the learned Tribunal had concluded that the appellants had failed to prove that the accident in question was caused due to the negligence of respondent No.1 in driving the auto rickshaw.

4. It is inter alia submitted by learned counsel for the appellants that the only ground on which the Claim Petition has been dismissed by the Tribunal, is that the eyewitness Umesh