- (1.)ALL these appeals bearing F. A. O. Nos. 4927 of 2006, 5060 of 2006 and 5061 of 2006, preferred by owner of the offending vehicle arise out of awards dated 22nd July, 2006, passed by the Motor Accident Claims Tribunal, rupnangar in M. A. C. T. Nos. 43 of 2005, 44 of 2004 and 101 of 2004, out of the same accident.
(2.)FROM the impugned awards, following facts have emerged:
(3.)ON 21st September, 2004, One Ram sharma, his wife Smt. Geeta Sharma and her niece Pooja Sharma, were riding a scooter bearing registration No. P. B. 32-4019. They were coming from Banga to Nurpur Bedi and were followed by Sham Sharma and Jatinder sharma on a motor cycle. At about 4. 30 p. m. when they reached in the revenue limits of nalhoti, Tehsil Anandpur Sahib, on Nurpur bedi, Garhshanker road, one Tata Tempo bearing registration No. P. B.-12b-5346 came from Garhshanker side, which was driven by respondent No. 2 in a rash and negligent manner and at a high speed. The said Tempo hit the scooter from back side after taking pass from sham Sharma's motor cycle. As a result, ram Sharma, Smt. Geeta Sharma and Pooja sharma fell on the pucca road and the offending tempo crushed them all. They died at the spot. It was alleged that the accident had taken place due to the rash and negligent driving of respondent No. 2. An F. I. R. bearing registration No. 56 was registered on the same day i. e. 21st September , 2004, under sections 304-A, 427 of I. P. C. at Police Station, nurpur Bedi. The offending vehicles owned by the present appellant.