KAILASH GARG AND ORS. Vs. SATISH KUMAR AND ORS.
LAWS(P&H)-2016-2-68
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 11,2016

Kailash Garg And Ors. Appellant
VERSUS
Satish Kumar And Ors. Respondents

JUDGEMENT

Sneh Prashar, J. - (1.) This appeal is directed against the award dated 01.02.2012 passed by Motor Accident Claims Tribunal, Bathinda (for short, "the tribunal") dismissing the claim petition titled "Kailash Garg and others vs. Satish Kumar and others" in MACT case No. 30 of 2011 filed under Sec. 166 of the Motor Vehicles Act, 1988 (for short, "the Act of 1988").
(2.) The relevant facts are recapitulated hereunder: - "On 20.03.2011 Bhagwan Dass Garg (deceased) alongwith Rakesh Kumar and Satish Kumar (respondent No. 1) was coming back to Bathinda from Salasar Dham by means of car bearing registration No.DL - 9CK -2284 (hereinafter referred to as "the car"). Satish Kumar was the driver of the car. At about 3:30 p.m., when they reached Rawatsar on Hanumangarh road, the front left side tyre of the car burst as a result of which driver Satish Kumar lost control over the car and it turned turtle. The accident resulted in injuries to all the occupants. Bhagwan Dass suffered multiple serious and grievous injuries and died at the spot. Daily Diary Report No. 6 dated 20.03.2011 was registered at Police Station Rawatsar on the basis of the statement given by Rakesh Kumar son of Prem Nath in respect of the accident.
(3.) The claimants -appellants filed a claim petition seeking compensation under Sec. 166 of the Act of 1988 alleging that the accident occurred entirely due to rash and negligent driving of the car by respondent Satish Kumar as well as due to negligence in maintenance of the car in question by respondent Kartik Garg -owner of the car.;


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