The Motor Accident Claims Tribunal (MACT), presided over by Ashwani Kumar, has dismissed a ₹40 lakh claim application filed by the parents of a 24-year-old man who died in a 2012 accident. The tribunal’s decision, issued on Tuesday, highlighted that “the claimants had concealed crucial information and that their petition was not maintainable.”
The driver of the vehicle involved in the accident informed the tribunal that the claimants had previously filed and withdrawn two separate claim petitions. The driver pointed out that the claimants had concealed the fact that their second claim petition, which was withdrawn in December 2018 from the MACT in Panchkula, was dismissed with a specific denial of the “liberty to file a fresh claim petition.”
The tribunal noted that no revision of the December 2018 order had been filed. Instead, the current fresh petition was filed in 2018, six years after the accident. The court held that since the claimants were denied the liberty to file a new petition, they should not have filed the current one without explaining why they had withdrawn the previous claims. The tribunal stated, “A person cannot be vexed twice or thrice for the same cause without any reason.”
Furthermore, the tribunal held that the claimants had failed to prove the rash and negligent driving of the driver, which they alleged led to the accident. According to the driver’s statement, he was driving properly when a Nilgai (also known as a Blue Bull or Roze) suddenly came onto the road, causing the accident.
{{/usCountry}}Furthermore, the tribunal held that the claimants had failed to prove the rash and negligent driving of the driver, which they alleged led to the accident. According to the driver’s statement, he was driving properly when a Nilgai (also known as a Blue Bull or Roze) suddenly came onto the road, causing the accident.
{{/usCountry}}The claim petition was filed by Panchkula residents against the driver, the owner of a Bolero Camper with Chandigarh registration number, and the vehicle’s insurance company. The accident occurred on October 25, 2012, and resulted in the death of the claimants’ son, Jaspal Singh.
As per the case details presented, Jaspal Singh was returning from ITI Bitna, near Pinjore, to his Kharta village, in Panchkula. He was a passenger in the Bolero Camper, having taken a lift. The claimants alleged that the driver was driving in a rash, negligent, and “zigzag” manner at a very high speed. At about 8 pm, as the vehicle approached a turn near the Kharta village, the driver failed to slow down. When a Nilgai appeared on the road, he was unable to control the high-speed vehicle. The driver reportedly applied sudden brakes, but the Bolero swerved and fell into a deep ditch.
Both Jaspal Singh and the driver suffered multiple injuries. Jaspal was initially taken to Civil Dispensary, Morni, and then referred to General Hospital, Sector 6, where he was declared brought dead upon arrival. At the time of his death, Jaspal Singh was 24-years-old and was a student of a Diploma in Welder at ITI Bitna.