High Court Punjab-Haryana High Court

Tehal Singh And Another vs Parghat Singh And Others on 8 December, 2008

Punjab-Haryana High Court
Tehal Singh And Another vs Parghat Singh And Others on 8 December, 2008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                      FAO No.352 of 1996
                                      Date of decision: 8.12.2008

Tehal Singh and another                            ......Appellants

                               Versus

Parghat Singh and others                           ......Respondents

CORAM:-     HON'BLE MR. JUSTICE RAKESH KUMAR GARG

                        * * *
Present:    Mr. Arvind Singh, Advocate for the appellants.

            Mr. PJS Sullar, AAG, Haryana.


Rakesh Kumar Garg, J.

This is claimant’s appeal challenging the award of the Motor

Accident Claims Tribunal, Kurukshetra whereby the Tribunal held that the

accident in question resulting into the death of Paramjit Singh, was

caused due to rash and negligent driving of bus No.HR-07-2805 by its

driver Parghat Singh-respondent No.1 to the extent of 67 percent and due

to the own negligence and carelessness of deceased to the extent of 33

per cent. The appellants have also challenged the determination of total

compensation at Rs.75,000/- being inadequate and have further claimed

enhancement of compensation.

It has been argued by the learned counsel for the appellants

that in this case, admittedly, the deceased-Paramjit Singh was standing

inside the bus and he fell down from the front window which got opened

due to jerk caused to the bus because of rash and negligent driving by

respondent No.1-Parghat Singh and therefore, the Tribunal was wrong

while fixing the liability of the deceased to the extent of 33 per cent on the

basis of contributory negligence. In support of his case, learned counsel

has relied upon a judgment of this Court in the case of Gurmeet Kaur and

five others v. Punjab Roadways Ferozepur and others 2006(4) RCR

(Civil) 63 wherein it has been held that if a passenger standing with the
FAO No.352 of 1996 -2-

door falls out of the bus on opening of the door the passenger cannot be

held responsible, negligent and it will be the negligence of the bus.

Mr. P.S. Sullar, Assistant Advocate General, Haryana,

appearing on behalf of the State, was unable to controvert the argument of

the learned counsel for the appellants from the record of the case.

In view of the above, this appeal is allowed and the findings of

the Tribunal on issue No.1 to the effect where deceased Paramjit Singh

has been held to be negligent to the extent of 33 per cent are set aside and

it is held that Paramjit Singh died due to rash and negligent driving of bus

No. HR-07-2805 by its driver Parghat Singh-respondent No.1.

It may also be pointed out that the learned counsel for the

appellants was unable to point out any illegality with regard to the

determination of compensation at Rs.75,000/-. Since as a result of my

finding on issue No.1, it has been held that Paramjit Singh died due to rash

and negligent driving of bus driver, the claimant-appellants will be entitled

to the total amount of Rs.75,000/- along with interest as granted by the

Tribunal

Thus, the appeal is allowed in the manner indicated above.

December 8, 2008                          (RAKESH KUMAR GARG)
ps                                                JUDGE