26.03.2025 Ram Parkash ( ash (since deceased) through LRs Heena Manch nchanda and Others v. *** Ram Parkash
Case Details
Page 1 of 9 (cid:1) IN THE HI E HIGH COURT OF PUNJAB AND HA D HARYANA AT CHANDIGARH 235 Date of decision: 26.03.2025 Ram Parkash ( ash (since deceased) through LRs Heena Manch nchanda and Others Vs. *** Ram Parkash ( ash (since deceased) through LRs Heena Manch nchanda and Others Singh Harinder Singh Heena Manch nchanda and Others Vs. *** Vs. FAO-6306-2019 (O&M) ...Appellant(s) ...Respondent(s) FAO-6468-2019 (O&M) ...Appellant(s) FAO-6625-2019(O&M) ...Respondent(s) FAO-6625-2019(O&M) ...Appellant(s) ...Respondent(s) CORAM: HON’BLE MS. JUSTICE NID NIDHI GUPTA Present:- cate Mr. Kartar Singh, Advocate for the appellant(s). *** NIDHI GUPTA, PTA, J. FAO-6306-201 2019: The present FAO-6306-20 2019 has been filed by the claimant Ram am Parkash (died during pendenc ency of claim petition) through SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) LRs against Aw Award dated 04.07.2019 whereby reby claim petition No.56 dated Page 2 of 9 (cid:1) 10.03.2015 fil filed by the appellant, was dismi ismissed by the Motor Accident Claims Tribuna bunal, Hisar (hereinafter referred to d to as “the Tribunal”). The claim petition was f as filed by the appellant seeking co g compensationto the tune of ₹ 10 lacs for in r injuries suffered by him in an a an accident that took place on 20.04.2014 on on account of alleged rash and n nd negligent driving of Alto car bearing regist egistration No.HR-19D-6226 (here ere in after referred to as the offending veh vehicle), by Albel Singh (now dece eceased). The said Alto car was insured by res respondent No.7 herein. FAO-6468-201 2019: The present FAO-6468-20 2019 has been filed by the claimant Ram am Parkash (died during pendenc ency of claim petition) through LRs against Aw Award dated 04.07.2019 passed sed by the ld. Tribunal whereby claim petition tion No.57 dated 10.03.2015 filed b ed by the claimant under Section 166 of the Mo Motor Vehicles Act for grant of com f compensation to the tune of ₹4 lacs for dama amage caused to Maruti Swift Dz t Dzire Car bearing registration No.HR-21D-61 6111, an accident dated 20.4.2014 2014, has been dismissed. FAO-6625-201 2019: The present FAO-6625-20 2019 has been filed by the claimant Hari Harinder Singh son of Ram Par Parkash against Award dated 04.07.2019 pa passed by the learned Tribunal w al whereby claim petition No.58 dated 10.03.2 03.2015 filed by the claimant unde nder Section 166 of the Motor Vehicles Act ct for grant of compensation to th o the tune of ₹5 lacs for injuries SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) suffered by th y the appellant Harinder Singh in ac n accident dated 20.04.2014 due Page 3 of 9 (cid:1) to rash and ne negligent driving of the offending ing vehicle, has been dismissed. 2. All the above said appeals
Decision
eals are being disposed of by this common orde order as they arise out of the same same common impugned Award dated 04.07.2 07.2019, passed between same par parties, in respect of the same accident date dated 20.04.2014; and because th the facts, issues and parties involved in the these cases are identical. For the s he sake of facility, facts are being drawn from FA m FAO-6306-2019. 3. In the present case, the the following 3 vehicles were involved in the the accident dated 20.4.2014: - a) Swift Dzire zire car bearing registration No.HR o.HR-21D-6111 being driven by Harinder Singh ingh s/o Ram Parkash; b) Alto car No. No.HR-19D-6226 being driven by A by Albel Singh; c) Skoda car bearing registration No. DL-6CS 6CS-9064 being driven by Heena Manchanda/re a/respondent no.1. 4. Brief facts of the case as st as stated by the claimants in the claim petition tion are thaton 20.04.2014, claiman mant Ram Parkash along with his son Harinder S der Singh was coming in Swift Dzire zire Car bearing registration No. HR-21D-6111 111 from Hisar to Hansi, which wa h was being driven by Harinder Singh (claiman imant of third claim petition). At . At about 1.15 PM when they reached 2 KM KM before Hansi City on National H al Highway no. 10, then Alto car bearing regist gistration No. HR-19D-6226/offend fending vehicle, being driven by (now decease eased) Albel Singh in a rash and n d negligent manner came from SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) opposite side ide i.e. Delhi side and hit into the c the car being driven by Harinder Page 4 of 9 (cid:1) Singh, by taki taking the Alto car on wrong side side; whereas at the same time Skoda car b r bearing registration No. DL- -6CS-9064 being driven by respondent no t no. 1 in a rash and negligent man manner came from back side i.e. Hisar side and and also hit in the car being driven ven by Harinder Singh from back side, due to w to which Ram Parkash and Harinder der suffered grievous injuries on their persons ons and Swift car of the Ram Parka arkash was also badly damaged. Immediately ely after the accident, Ram Park Parkash was shifted to Jindal Hospital, whe where he remained admitted and and underwent treatment from 20.4.2014 to to 27.4.2014. An FIR No.262 date ated 20.4.2014, under Sections 279, 337, 304 304-A and 427 of IPC was registered ered in Police Station City Hansi, regarding this this accident on the statement o nt of respondent no. 1 Heena Manchanda. 5. Respondents No.1 and 2a d 2are the driver and owner of Skoda car res respectively; respondent No.3 is 3 is widow of deceased Albel; respondent N t No.4 is daughter, respondent N t No.5 is son, and respondent No.6 is mothe other of deceased Albel; and respon spondent No.7 is insurer of Alto car. 6. Learned counsel for the the appellant(s)submits that in dismissing th the claim petition the learned ned Tribunal has ignored the statement of t of the eyewitnessPW2 Harinder Si Singh, who had stated that he was driving th g the Swift Car bearing registratio ration No.HR-21D-6111 properly and at modera derate speed, when Alto Car/offend fending vehicle had hit the car of SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) PW2 Harinder nder. At the same time Skoda car car which was being driven by Page 5 of 9 (cid:1) respondent N t No.1 in a rash and negligent m t manner, came from Hisar side and also hit t hit the car driven by Harinder due due to which Ram Parkash and Harinder suffe suffered grievous injuries. It is subm ubmitted that Hon’ble Supreme Court has held held in numerous judgments that p at proceedings under the Motor Vehicles Act ct are summary in nature and h nd have to be decided on the preponderanc rance of probabilities. Learned Tribu Tribunal has further ignored the medical bill of ill of the injured Ram Parkash as w as well as Harinder. The injured Ram Parkash a sh and Harinder remained in the h he hospital for many days due to the accident. nt. The learned MACT has not give given any money for the bill to the appellant llants. Learned MACT has not c t considered the contributory negligence of of driver of Alto car and driver of r of Skoda car. Learned Tribunal has wrongly gly believed the statement of of respondent No.1 Heena Manchanda a a as also ignored that FIR No.26 o.262 dated 20.04.2014 under Sections 279, 79, 337, 304-A and 427 IPC was as registered on the same day regarding the the accident. It is accordingly pray prayed that the present appeals be allowed. 7. No other argument is m is made on behalf of learned counsel for the r the appellants. 8. I have heard learned cou counsel for the appellants and perused the ca e case file in great detail. 9. I find no merit in the subm submissions advanced on behalf of the appella ellants as it has been irrefutably p ly proven from the evidence on SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) record that th t there was no negligence on part part of the offending vehicle i.e. Alto Car No. No.HR-19D-6226. In this regard gard, the record reveals that Page 6 of 9 (cid:1) RW1/respond ondent no.1had categorically state tated that accident was caused by Harinder w er when he was driving his Swift Dzi t Dzire car at a speed of 115-120 KMPH; and wh d when he tried to overtake anothe other vehicle on NH-10 he struck his Dzire car car into Alto car/alleged offending ding car, being driven by Albel Singh which w ch was coming from opposite side; ide; and after striking, Dzire car reversed and h nd hit into Skoda. Version of eyewi yewitness RW1 is trustworthy as FIRNo.262 dat dated 20.04.2014 was registered red on her statement. It is but right to sugge uggest that had there been any ny negligence on part of Albel (driver of Al Alto), or Heena (driver of Skoda) oda) then Harinder would have lodged FIR ag R against LRs of Albel Singh or He r Heena (respondent No.1). Ld. Tribunal furthe rther found that Harinder Singh had had not come to the Court with clean hands as he had concealed material fac l facts and as much as Harinder Singh had fail failed to disclose in his claim pet petition that FIR no.262 dated 20.4.2014 had had been registered by Heena na Manchanda. Moreover, the version given ven by Harinder Singh regarding the the accident was not consistent with the plead leading made in the claim petition i ion in as much as in his evidence. Harinder Sing Singh had stated that Skoda car car had hit into his Dzire car; whereas in th n the claim petition, it had been p n pleaded that Alto car had hit into the Dzire zire car. Relevant findings returned rned by learned Tribunal are as under:- SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) Page 7 of 9 (cid:1) “16. After perusing the evidence ence placed on record carefully this Tribunal concurs with the arg e arguments advance by counsel for respondent no. 1. It is the p fo the plea of the petitioners that accident has taken place becau because of rash and negligent driving of Alto car bearing No. H o. HR-19D-6226 being driven by Albel Singh, who expired in th in the accident and rash and negligent driven of Heena, who w ho was driving Skoda car bearing registration No. DL-6CS-9064. B 4. But the petitioner Harinder when appeared in the witness bo box as PW2 has fairly to admit in his cross-examination that that police never recorded his statement regarding the acciden ident and he had no knowledge regarding FIR No. 262 wherea ereas respondent no. 1 when appeared as RWI has categorical rically stated that accident was caused by petitioner Harinder wh r when he was driving his Swift Dzire car at a speed of 115-120 K 120 KMPH and when he tried to overtake another vehicle on Nat National Highway no. 10 near Hansi and struck his Dzire car in ar into Alto car baring No. HR- 19D-6226 being driven by Albel Si el Singh which was coming from opposite side and after striking Dz ng Dzire car circlely reversed and hit into her car which was com coming at a distance of 15-20 Meters from the car of RW1 and and this version of RW1 appears to be trust-worthy and probab obable because RW1 after the accident called the police and pol d police reached at the spot after 15-20 minutes and on her statem tement FIR Ex. R4 was recorded. Same version is recorded in FIR w FIR which has been reiterated by Heena in her statement while app e appearing as RW1. Respondent no. 1 also faced trial though he he was given benefit of doubt and was acquitted but petitio titioner Harinder in his claim petition and his father Ram Park Parkash in his claim petition for compensation on account of suf f suffering of injuries and claim petition filed on account of dama amage to Dzire car has nowhere SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) Page 8 of 9 (cid:1) disclosed that the FIR was lodg lodged against Harinder in any police station. Had there been ne n negligence on the part of Alto car driver i.e. Albel Singh and on d on the part of driver of Skoda car bearing registration No. DL DL-6CS-9064, then Harinder or his father Ram Parkash would ha ld have lodged FIR against Lrs of Albel Singh or Heena the responde ondent no. 1. 17. In the claim petition, it has be s been alleged by the petitioners that it was Albel Singh, who br o brought his Alto car bearing registration No. HR-19D-6226 o 26 on wrong side and after coming into wrong side hit Swif D wif Dzire car bearing registration No. HR-21D-6111 being driven by n by Harinder Singh, who is also son of one of the petitioner nam namely Ram Parkash and Skoda car bearing registration no. DL DL-6CS-9064 also hit his Swift Dzire car from behind, whereas H as Harinder when appeared into the witness box as PW2 has has stated during his cross- examination that firstly his car car was hit by Skoda car from behind. Version of Harinder r er regarding accident is not consistent and has not come to e to the court with clean hands and has concealed material facts acts from the court. 18. Perusal of testimony of RW f RW1 would also show that Harinder (petitioner of petition n on no. 3) while overtaking a car struck his Dzire car into Alto car b car bearing registration No. HR- 19D-6226 which was coming from from opposite side. Thus, there was no fault of Albel Singh, who w ho was driving Alto car bearing registration no. HR-19D-6226 a 6 and was coming on his proper side and it was Albel Singh, who l ho lost his life in the accident in question because of rash and ne d negligent driving of Harinder. Thus, the petitioners have failed ailed to prove these issues and hence, these issues are decided ag ed against the petitioners.” SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1) 10. Learned counsel for the the appellants is unable to Page 9 of 9 (cid:1) controvert or t or dispute the above said facts and s and findings. All the above said appeals accord cordingly, stand dismissed. 11. Pending application(s) if an if any also stand(s) disposed of. 26.03.2025 Sunena (NIDHI GUPTA) JUDGE Whether spea Whether repo peaking/reasoned: eportable: Yes/No Yes/No SUNENA 2025.04.01 13:58 I attest to the accuracy and integrity of this document (cid:1)