(O&M)Harpreet Kaur Etc. v. Gurmit Singh Etc.

FAO No.1292 of 2003 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1292 of 2003 Date of Decision.20.09.2017 Harpreet kaur and others ........Appellants Vs Gurmit Singh @ Gurmita and another ........Respondents

Present:

Mr. L.S. Maan, Advocate for Mr. J.S. Verka, Advocate for the appellants.

Mr. Harsh Aggarwal, Advocate for respondent No.2.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The appeal has been preferred by the legal representatives of deceased-Dilbagh Singh, who unfortunately died in a roadside accident occurred on 10.07.1996. As per the claim petition, the deceased was 25 years of age at the time of accident. He was owner of truck bearing registration No.MP-23/D-2849. The deceased was travelling in the aforementioned truck, driven rashly and negligently by respondent No.1, which hit against a tree on Mumbai-Agra Highway, resulting into death of deceased.

The question, which came to be pondered upon before the Tribunal whether the owner can claim compensation being third party against the insurance company of the vehicle under Section 166 of the Motor Vehicles Act was answered against the claimants. The aforementioned view of the Tribunal is notified by the judgment rendered by Hon'ble Supreme Court in Ningamma and another v United India Insurance Co Ltd 2009 ACJ 2010.

The owner is not a third party and PANKAJ KUMAR 2017.09.27 11:25 I attest to the accuracy and integrity of this document

FAO No.1292 of 2003 -2therefore, cannot claim compensation.

In view of the aforementioned observations, the award passed by the Tribunal is perfectly legal and justified. No ground for interference is made out. The appeal stands dismissed.

(AMIT RAWAL) JUDGE September 20, 2017 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2017.09.27 11:25 I attest to the accuracy and integrity of this document