Suresh Devi & ANR. v. Bansapati Devi & ORS.

2024:PHHC:023463

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 107-B FAO-6620-2015 (O&M) Date of Decision : 20.02.2024 SURESH DEVI & ANR.

.... Appellants

VERSUS

DHARAMBIR SINGH @ MINTU THROUGH LRS BANARSI DEVI & ANR. & ORS.

.... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sandeep Kumar Yadav, Advocate for the appellants. Mr. J.P. Sharma, Advocate for respondents No.1 and 2. Mr. Sandeep Suri, Advocate for respondent No.3-Insurance Company.

ALKA SARIN, J. (ORAL) CM-20623-CII-2015 This is an application under Section 5 of the Limitation Act for condonation of delay of 15 days in refiling the appeal. For the reasons stated in the application, the same is allowed. Delay of 15 days in refiling the appeal is condoned. FAO-6620-2015 1.

This is an appeal preferred by the driver and owner against the award dated 14.05.2015 passed by the Motor Accident Claims Tribunal, Narnaul.

2.

The only grouse is that the Tribunal has held this to be a case of contributory negligence and held both the riders of the motorcycles responsible. However, the payment of the compensation has been fastened AMAN JAIN 2024.02.20 20:16 I attest to the accuracy and integrity of this judgment/order.

107-B FAO-6620-2015 (O&M) -2upon the owner and the driver and the Insurance Company in equal portions. Learned counsel for the appellants would contend that once it was a case of contributory negligence the owner and driver would be jointly and severely liable with the Insurance Company to the extent of 50% only and the other 50%, since it has been attributed to the rider, would be on the claimants. 3.

Learned counsel for respondents No.1 and 2 is not in a position to dispute the fact that the Tribunal has held it to be a case of contributory negligence to the extent of 50% and that there seems to be a typographical mistake in the conclusion given by the Tribunal. 4.

Heard.

5.

In view of the above, the appellants would be held jointly and severely liable to pay the compensation to the extent of 50% with the Insurance Company. The present appeal is allowed and the award passed by the Tribunal is modified accordingly. Pending applications, if any, also stand disposed off.

20.02.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO AMAN JAIN 2024.02.20 20:16 I attest to the accuracy and integrity of this judgment/order.