IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Reserve:-27.08.2025 Date of Pronouncement:- 04.09.2025 Hakam Singh @ Bhola ......Appellant vs.

Harwinder Kaur and anr. ......Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Joginder Sharma, Advocate, for the appellant.

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SUDEEPTI SHARMA J .

1. The present appeal has been preferred by the appellant-Hakam Singh @ Bhola (driver of the offending vehicle) against the award dated 27.03.2025 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Ludhiana (for short, 'the Tribunal’), whereby the learned Tribunal while awarding compensation to the claimant/respondent No. 1, fastened the liability upon the appellant to pay the compensation, on account of death of Gurjiwan Singh in a Motor Vehicular Accident, occurred on 08.12.2017.

FACTS NOT IN DISPUTE

2. Brief facts of the case are that on 8.12.2017, deceased Gurjiwan Singh on his own motorcycle make Hero Splendor bearing registration no. PB- 28D-5640 and his son Jagjeet Singh on his own motorcycle make CT-100 bearing registration no PB-10GL-7583 were driving from Ludhiana to village Katahari. Jagjeet Singh was behind the motorcycle of deceased approximately 50 meters. At about 6:00/6:15 PM in the evening, when both reached outside the village Sarihn on village Ghawaddi Road, one Tractor make Mahindra which was driven by one Mulla fashion came negligently from the left side of the road from the fields, which was driven in rash and negligent manner hit the motorcycle of deceased and as Lohe da suhaga of the tractor (leveling the agricultural fields) hit the motorcycle due to which the deceased along with motorcycle fell down at the side of the road and tractor driver fled away from the spot along with tractor. Gurjiwan Singh (since deceased) was severely injured and received numerous injuries on his head, mouth and other parts of the body and motorcycle was also badly damaged from its front side. Jagjeet Singh (since deceased) arranged the vehicle with the help of passer-byes and took the deceased to CMC, Ludhiana for treatment, where doctor declared Gurjiwan Singh dead and dead body of Gurjiwan Singh was sent to mortuary of CMC, Ludhiana. In this regard, FIR no.211 dated 9.12.2017 under Section 279/304-A/427 IPC, was registered at Police Station Dehlon, Ludhiana.

3. Upon notice of the claim petition, respondents appeared and filed their separate written replies denying the factum of the accident/compensation.

4. From the pleadings of the parties, the learned Tribunal framed the following issues:-

“1. Whether Gurjiwan Singh son of Jangir Singh hd died in motor vehicular accident dated 8.12.2017 caused due to rash and negligent driving of respondent No. 1 while driving tractor Mahindra bearing No. PCN-2692 owned by respondent No. 2?

OPC

2. Whether claimant is entitled to any compensation, if so, to what extent? OPC

3. Whether the claim petition is not maintainable? OPR

4. Relief.”

5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal while awarding compensation to the claimant/respondent No. 1, fastened the liability upon the appellant to pay the compensation. Hence the present appeal.

SUBMISSIONS OF LEARNED COUNSEL FOR THE APPELLANT

6. Learned counsel for the appellant–driver of the offending vehicle inter alia contends that the learned Tribunal erred in holding that the accident in question occurred due to rash and negligent driving of the offending vehicle. He further submits that while recording such a finding, the learned Tribunal failed to appreciate that the appellant-driver of the offending vehicle had already been acquitted in the criminal proceedings arising out of the FIR registered in relation to the same accident. Therefore, he prays that the present appeal be allowed.

7. I have heard learned counsel for the appellant and perused the whole records of this case with his able assistance.

8. B