- (1.) Pankaj Pahwa, working as Special Assistant in the Union Bank of India, Tohana, alongwith his wife Anita, also working as Clerk-cum-Cashier in the Punjab National Bank, Tohana were going from Hisar to Tohana on scooter bearing No.HR-23C-1614 on 13.5.2007 after appearing in the departmental examination of the Bank. Pankaj Pahwa was driving the scooter while Anita was on the pillion seat. At 5.00 p.m., when they reached close to canal bridge near Sector 3, Talwandi Rana, Hisar, a Maruti Alto car bearing No. HR-20J-6655 driven by Mohan Lal in a rash and negligent manner came from the opposite side and collided with the scooter. As a result, both, Pankaj Pahwa and Anita, sustained injuries. They remained admitted in the hospital upto 23.5.2007. Because of the accident, their two daughters went through a great deal of trauma. In regard to the accident, FIR No. 350 dated 14.5.2007 under Sections 279/337/338/427 IPC was registered at Police Station Sadar Hisar. Both the injured filed their separate petitions under Section 166 of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs.20,00,000/- each.
(2.) The driver of the offending Alto car opposed the claim petition by filing a written statement mentioning therein that no accident, as alleged by the claimants, ever took place with the car. On the fateful day, the car was parked on the road due to bursting of its tyre. The accident in question was caused by a jeep and after causing the accident, the person driving the jeep fled away. The owner of the offending car also denied the occurrence, as alleged by the claimants. The Insurance Company pleaded that the claim petitions had been filed in collusion with the driver and the owner of the Alto car. Pardeep Kumar, who had brought his injured brother Pankaj Pahwa to the hospital, had told the doctor that the accident was caused by a jeep. Prayer was, accordingly, made for dismissing the claim petitions.
(3.) The claim petition filed by Anita was consolidated with that of Pankaj Pahwa on 12.8.2008 whereafter the following issues were framed :- "(i) Whether the accident took place due to rash and negligent driving of vehicle bearing No. HR-20J-6655 in which petitioners Pankaj and Anita received injuries OPP. (ii) Whether the petitioners are entitled to any compensation and form whom OPP. (iii) Whether the petitioners have no locus standi and cause of action to file the present petition OPR. (iv) Whether the petition is not maintaianable in the present form OPR. (v) Whether the respondent No.1 was having a valid driving lincence at the time of accident OPR. (vi) Relief.";