Madhu And ANR. v. Dharampal And ORS.

F.A.O No. 5450 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No. 5450 of 2016 Date of decision:- 04.04.2018 Madhu and anr.

...Appellants

Versus

Dharampal and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Arun Yadav, Advocate for the appellants RITU BAHRI J. (Oral) The present appeal has been preferred by the claimantsappellants against award dated 30.04.2016 passed by the learned Motor Accident Claims Tribunal, Rewari (for short, 'the Tribunal')whereby the claim petition filed by the claimants was dismissed. A bare perusal of the impugned award shows that the claim petition was dismissed by the Tribunal as the claimants have failed to prove the rash and negligent driving of the driver of the offending vehicle. The reason to file the claim petition was not to seek compensation, as in past by implicating respondent No. 1 as a driver of the offending vehicles, several claim petitions were filed in MACT Narnaul and same were declined holding dubious conduct of Dharampal.

The claim petition was held to be surrounded by suspicious circumstances as respondent No. 1 is in the habit of offering his services of a driver in claim petitions to extract compensation for the extraneous reasons. It is not co-incidence that the present is 11th accident caused by respondent No. 1.

After going through the award passed by the Tribunal, no Gaurav Arora 2018.05.16 15:03 I attest to the accuracy and integrity of this document Chandigarh

F.A.O No. 5450 of 2016 -2ground is made out to set aside award dated 30.04.2016, which has been passed by appreciating the evidence on record. In view of the above factual position, the appeal is dismissed. 04.04.2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.05.16 15:03 I attest to the accuracy and integrity of this document Chandigarh