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2016 DIGILAW 1940 (HP)

Bholi Devi v. Avtar Singh

2016-09-09

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. 1. This appeal is directed against the award, dated 8th December, 2010, passed by the Motor Accident Claims Tribunal-II, Una, H.P., (for short, the Tribunal), in Claim Petition No. 23 of 2008, titled Bholi Devi and others vs. Avtar Singh and others, whereby the claim petition, filed by the claimants, was dismissed, (for short the “impugned award”). 2. Feeling aggrieved, the claimants filed the instant appeal. 3. I have heard the learned counsel for the parties and gone through the record. 4. The Tribunal has dismissed the claim petition on the ground that the accident was the outcome of rash and negligent driving of deceased Ram Lal himself and that respondent No.1 Avtar Singh had not driven the truck rashly and negligently at the relevant point of time. 5. In order to ascertain whether the claim petition was rightly dismissed by the Tribunal, this Court vide order dated 17th June, 2016, directed the Police Agency to file case diary in regard to FIR No.178, dated 15th August, 2008, registered at Police Station, Amb, District Una, H.P., qua the accident in question. The concerned Agency filed the report (pages 21 to 44 of the appeal), which does disclose that FIR was registered against the deceased Ram Lal and closure report in terms of Section 173 of the Code of Criminal Procedure was filed before the court of competent jurisdiction, which was accepted on 10th April, 2009 after hearing the complainant. 6. The claimants have to plead and prove that the accident was the outcome of rash and negligent driving of the driver, namely, Avtar Singh respondent No.1, in which, in the given circumstances, they have failed. 7. At this stage, the learned counsel for the appellants stated that the appellants/claimants are entitled to compensation under Section 140 of the Motor Vehicles Act, 1988 (for shot, the Act), under the head no fault liability, which has not been awarded to them by the Tribunal. Accordingly, the appeal is disposed of by holding the claimants entitled to Rs.50,000/- under the head no fault liability. The insurer is directed to deposit the amount within a period of six weeks from today and on deposit, the amount be released in favour of the claimant Bholi Devi, through her bank account. Accordingly, the appeal is disposed of by holding the claimants entitled to Rs.50,000/- under the head no fault liability. The insurer is directed to deposit the amount within a period of six weeks from today and on deposit, the amount be released in favour of the claimant Bholi Devi, through her bank account. In case the insurer fails to deposit the amount within the stipulated period, the amount shall carry interest at the rate of 7.5% per annum from today till deposit. 8. The appeal is disposed of and the impugned award is modified accordingly.