Narinder Singh vs Deepak Sharma & another

Mansoor Ahmad Mir, CJ. (Oral)- This Court in terms of order dated 1st January, 2016, had directed the District and Sessions Judge, Una to furnish the status of Claim Petition No.17 of 2006. He has submitted the same, which does disclose that the said claim petition was decided and it was held that the driver, namely, Narinder Singh (appellant-claimant herein) was driving the vehicle rashly and negligently, which findings of the Tribunal were the subject matter of FAO No.196 of 2008 and FAO No.28 of 2011.

In both these appeals, this Court vide judgment, dated 30th May, 2014, saddled the insurer with the liability and it was held that the driver Narinder Singh (appellant herein) was driving the vehicle rashly and negligently.

It is beaten law of the land that rashness and negligence is sine qua non to maintain a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, "the Act").

Thus, the Tribunal has rightly held that the driver Narinder Singh could not maintain the claim petition under Section 166 of the Act on the ground of rash and negligent driving, and rightly dismissed the same.

Having said so, no case is made out for interference and the appeal merits to be dismissed. Accordingly, the appeal is dismissed and the impugned award is upheld. However, the appellant Narinder Singh is at liberty to seek appropriate remedy before the appropriate Forum. It is made clear that the period spent from the date of filing of the Claim Petition till today shall be excluded while computing the period of limitation.