IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

1. FAO-3963 of 2006 Jasbir Singh Dhillon and anr. ......Appellants Vs.

Narinder Singh and ors ......Respondents

2. FAO-3964 of 2006 (O&M)

Jasbir Singh Dhillon and anr. ......Appellants Vs.

Narinder Singh and ors ......Respondents Date of Decision: January 24, 2025 CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vikas Mohan Gupta, Advocate for the appellant (s) in both the cases.

Mr. Lalit Garg, Advocate for respondent-Insurance Co.

Mr. Tarun Singla, Advocate for respondent Nos. 4 to 7 in FAO No. 3963-2006 Mr. Rajiv Mittal, Advocate for respondent No. 4 in FAO No. 3964-2006 ***

SUDEEPTI SHARMA J .

1. This judgment shall dispose of the above titled two appeals, whereby challenge is to the award dated 18.11.2005 passed in the claim petitions bearing claim petition No.44 dated 15.06.2001 titled as Mrs. Vanita and others vs. Narinder Singh and others and claim petition bearing No. 33 dated 20.12.2002 titled as Sham Lal Sharma vs. Narinder Singh and others, filed under Section 166 read with Section 140 and 141 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Bathinda (for short, 'the Tribunal'), wherein the appellants-driver and owner of vehicle Tata Sierra bearing registration No. CH-01- P-3008 were fastened with the liability to the extent of 75% to pay the compensation to the claimants along with interest @ 6% per annum.

FACTS NOT IN DISPUTE

2. The brief facts of the case are that on the intervening night between 20/21-12-2000, Som Nath (since deceased) along with claimant-Sham Lal were coming from Abohar to Bathinda in the vehicle Tata Sierra bearing registration No. CH-01-P-3008 driven by Jasbir Singh Dhillon. Som Nath was sitting on the driver seat in Tata Sierra while Sham Lal was sitting behind him on the back seat. Ravinder Tenny brother of Som Nath (since deceased) and one Zaffar Ahmad were following Tata Sierra in their own car. When Tata Sierra reached in revenue limits of village Daula, then truck bearing registration No. RJ-13-G-0213 loaded with sugarcane driven by Jasbir Singh Dhillon was found wrongly parked on the road without lightening of parking lights or putting any indicator of such parking. At relevant time, another vehicle came from opposite side direction with lights on, due to which driver of Tata Sierra could not see the above numbered truck which was wrongly parked in the middle of the road. Accordingly, the driver of Tata Sieraa struck against the above offending truck from behind resulting in to multiple grievous injuries on the person of Som Nath, due to which he died on the way to Civil Hospital, Gidderbaha. Sham Lal-claimant also sustained injuries in this accident. FIR No. 21 dated 20.02.2021 was registered against respondent No. 1- Narinder Singh under Sections 279/337/338/304-A of the Indian Penal Code, 1860 at Police Station, Gidderabaha.

3. Upon notice of the claim petition, appellant-Insurance Company, driver and owner appeared and denied the factum of compensation.

4. From the pleading of the parties, the Tribunal framed the following issues in MACT Case No. 44:-

“1. Whether Som Nath died in an accident on 20/21-12-2000 at about 11:30 PM in the area of village Daula on Abohar Bathinda road while he was travelleing in Tata-Sierra No. CH-

01-P-3008 being driven by respondent No. 4? OPA

2. Whether the accident has been occurred due to the wrong parking and without indication of the truck bearing No. RJ-13-

G-0213 by respondent No. 1? OPA

3. If issue Nos. 1 and 2 are proved, whether the claimants are the legal heirs of deceased-Som Nath and are entitled to compensation. If so to what rate and from whome of the respondents? OPA

4. Whether the claim petition is not maintainable? OPR

5. Whether the driver of the offending truck was not holding a valid driving license at the time of alleged accident?OPR-3

6. Relief.”

5. The following issues were framed vide order dated 25.02.2004 in MACT Case No. 33:-

“1. Whether the claimant has rec