IMPORTANT POINTS
If courts below return a concurrent finding of fact and their view is plausible one, it cannot be interfered.
Contributory negligence would arise only when both parties are involved in the accident due to rash and negligent driving.
Owner of a vehicle involved in an accident can be fastened liability to pay compensation even if his vehicle was not driven rashly and negligently.

Judgment

A.M. Khanwilkar, J.

1. This appeal, by special leave, filed by the claimants assails the judgment and order of the High Court of Uttarakhand at Nainital in Appeal From Order No.125 of 2015 dated 5th March, 2015, whereby the appeal was dismissed and the order passed by the MACT/Additional District JudgeIII, Rudrapur, Udham Singh Nagar, dated 10th December, 2014 in Motor Accident Claim Petition No.147 of 2012 dismissing the claim petition on the finding that the accident in question was not on account of rash and negligent driving of Truck bearing No. U.P.32 Z2397 but on account of rash and negligent driving of Maruti Car bearing No. U.P.02 D5292 resulting in death of Balvinder Kaur who was sitting in the car driven by Manjeet Singh, came to be upheld.

2. Briefly stated, appellant No.1 asserted that when he was returning home to village Bindukhera with his wife Balvinder Kaur, the mother of appellant Nos.2 to 4, from his matrimonial home at village Kuankhera, District Bijnaur along with his cousin brothers Manjeet Singh and Bittu and his son Karanjeet Singh on 28th November, 2010 in a Maruti Car bearing No. U.P.02 D5292 which was being driven by Manjeet Singh, son of Kashmir Singh, the said car met with an accident causing serious injuries to the persons travelling therein, including the death of Balvinder Kaur. The maruti car had dashed against Truck bearing No. U.P.32 Z2397 which was running ahead of it. According to the appellants, the truck driver suddenly applied brake while the truck was in the centre of the road, bringing it to the right side, as a result of which, the maruti car collided with the truck from the back. Balvinder Kaur eventually succumbed to her injuries on the same day i.e. 28th November, 2010, while she was being treated at Govt. Hospital, Kashipur. After that, an F.I.R. was registered on 4th December, 2010 at police station Kunda, District Udham Singh Nagar, bearing No.93/10 u/s 279 for offences punishable under Sections 304A, 337, 338 and 427 of IPC. The appellants asserted that Balvinder Kaur was gainfully employed and earned around Rs.10,000/( Rupees Ten Thousand Only) per month from the dairy business.

3. On these assertions, a claim petition was filed before the Motor Accident Claims Tribunal/Additional District Judge III Rudrapur, Udham Singh Nagar being M.A.C. Case No.147/2012. Appellant No.1 who was travelling in the car along with his wife deposed before the Tribunal. Appellants also examined Manjeet Singh who was driving the Maruti Car bearing No. U.P.02 D5292 at the relevant time. The appellants also relied on the chargesheet filed by the police against respondent No.3 (Parasnath) driver of the offending truck.

4. The respondents contested the claim petition. According to the respondents, the accident occurred due to the negligence of the driver of the maruti car and there was no negligence on the part of the truck driver. It was asserted by the respondents that the truck driver had a valid driving licence. Further, the appellants had failed to implead the owner and driver of the maruti car who was responsible for the accident and as such, no relief could be granted to the appellants.

5. The Tribunal analysed the entire evidence on record and answered the issue as to whether the truck was being driven in rash and negligent manner against the appellants. The Tribunal instead held that the accident occurred due to rash and negligent driving by the driver of the maruti car. The Tribunal, therefore, concluded that the truck driver and the insurer of the truck were not liable to pay compensation as claimed. The Tribunal noted the issue of contributory negligence but, having regard to the facts of the present case and particularly because the owner and the driver of the maruti car were not made parties, it held that the appellants were not entitled to any relief. The Tribunal also noted that the maruti car was purchased by Manjeet Singh about 11 ½ years before the accident but the same was not tr