High Court of Punjab and Haryana, Chandigarh
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United India Insurance Company Ltd. v. Harbhajan Singh alias Pirthi Singh and o - FAO-4077-2006  RD-P&H 10293 (10 November 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: 9.10.2006
United India Insurance Company Ltd.
Harbhajan Singh alias Pirthi Singh and others ... Respondents
CORAM:- Hon'ble Mr. Justice Uma Nath Singh.
Hon'ble Mr.Justice Mahesh Grover.
Present: Mr.Sanjiv Pabbi, Advocate
for the appellant.
UMA NATH SINGH, J. (ORAL)
This FAO arises out of an award dated 2.5.2006 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Rup Nagar, in MACT Case No.63 of 9.6.2004, awarding a sum of Rs.3,69,000/- in death case of a young motor mechanic of 21 years.
Learned counsel at the outset submitted that the appellant was granted permission under Section 170 of the Motor Vehicles Act, 1988 (for short `the Act') to contest the case on merits. Learned counsel raised two fold submissions, namely, (i) that the deceased was negligent in driving the vehicle, and (ii) once there was a claim that the deceased was earning Rs.8,000/- per month, a petition under Section 163-A of the Act was not maintainable.
We have carefully considered both the submissions.
Admittedly, the deceased was driving a scooter and when he applied the brake on jumping of a cattle before the vehicle on the road, the brake failed and the vehicle struck against a poplar tree. As a result, he died. Under the FAO No.4077 of 2006 2
circumstances, he cannot be said to be negligent in driving the vehicle. The accident occurred due to the circumstances beyond his control. Besides, the DDR contained a similar narration of facts. Hence, the first argument of learned counsel does not find favour with the Court. As regards the second argument, since the Tribunal has, on appreciation of evidence, assessed the income below Rs.40,000/- per annum, the claim petition under Section 163- A of the Act was maintainable.
Accordingly, the FAO is dismissed in limine.
( UMA NATH SINGH )
October 9, 2006 ( MAHESH GROVER )
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