Punjab-Haryana High Court
Sanjay Kumar vs Vinod And Others on 13 February, 2019
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
FAO No.840 of 2018 (O&M) {1}
243
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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FAO No.840 of 2018 (O&M)
Date of Decision: 13.02.2019
Sanjay Kumar
Appellant
Versus
Vinod and others
Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present:Mr. Jai Singh Yadav, Advocate
for the appellant.
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AVNEESH JHINGAN, J (Oral):
The award dated 07.10.2017 passed by the Motor Accident Claims Tribunal, Rewari [for brevity 'the Tribunal'] has been assailed by driver of motorcycle bearing registration No. HR-26X-2596 [hereinafter referred to as 'offending vehicle'].
Brief facts of the case are that on 23.09.2015, Vinod- claimant (respondent No.1) was going on motorcycle to Arawali Filling Station. On his way, he was hit by a rashly and negligently driven offending vehicle, driven by appellant. As a result of the impact, Vinod sustained injuries and he was admitted to Aditya Hospital, Rewari. FIR No.99, dated 15.04.2015 was registered at Police Station, Khol.
A claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act']. The Tribunal after considering the facts and appreciating the evidence adduced held that the accident was caused due to the rash and negligent driving of the offending vehicle. The Tribunal awarded a sum of `4,60,578/- alongwith interest @ 7.5% per annum. In the proceedings, the driver of the offending 1 of 2 ::: Downloaded on - 17-02-2019 17:51:28 ::: FAO No.840 of 2018 (O&M) {2} motorcycle failed to produce his Driving Licence. The Tribunal held that the driver and owner of the offending vehicle shall be liable to pay the compensation.
Learned counsel for the appellant contends that even if the driver was not holding a valid Driving Licence at the time of accident, Tribunal should have held appellant liable only to pay 50% of the amount and rest for 50% amount, the owner should have been made liable.
The contention raised by learned counsel for the appellant lacks merit. The claimant cannot be made to run from pillar to post for recovery of compensation under a welfare legislation. The liability to pay the compensation is joint and several. Ratio in which compensation is to be paid by driver and owner of the offending motorcycle is inter-se matter between the parties.
No shadow can be cast upon findings recorded by the Tribunal holding driver and owner of the offending vehicle jointly and severally liable to pay the compensation.
The appeal is dismissed.
Statutory deposit of `25,000/- be sent to the Tribunal for disbursement to the claimant.
[AVNEESH JHINGAN] JUDGE February 13, 2019 pankaj baweja
1. Whether speaking/ reasoned : Yes/ No
2. Whether reportable : Yes/ No 2 of 2 ::: Downloaded on - 17-02-2019 17:51:28 :::