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2023 Supreme(P&H) 1706
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Namit Kumar, J.
Go Digit General Insurance Co. Ltd. – Appellant
Versus
Harvinder Kaur & Ors. – Respondents
F.A.O. No. 2527 of 2023
Decided On : 02-08-2023
For the Parties : Mr. Sandeep Suri
Headnote:(A) Motor Vehicles Act, 1988 - Sections 134(c), 158(6), 279, 304-A - Death in motor accident - Appellant challenges the Tribunal's awards granting compensation for the death of Avtar Singh and injuries to Harvinder Kaur - Awards of Rs. 17,51,590/- and Rs. 51,400/- were affirmed as just compensation along with interest at 6% per annum. (Paras 1, 2, 6, 10)
(B) Accident Liability - Court examined credibility of FIR and the claimant’s account, finding delay in registration does not negate authenticity - Delay in lodging FIR not fatal if satisfactory reasons are provided, emphasizing that human factors delay response post-accident. (Paras 9, 10)
(C) Evidence Assessment - No inconsistencies in claimant’s testimony; the driver of the offending vehicle did not present a defense - Tribunal's findings on negligence and compensation upheld, with no apparent legal errors. (Pars 9, 10)
Facts of the case:
Claimants, particularly Harvinder Kaur, asserted that on 29.11.2020, a car’s rash driving led to the fatal accident, causing their loss and medical expenses incurred. Deceased was earnestly contributing to the family's income.
Findings of Court:
The Tribunal's awards were plausible and legally sound, acknowledging the comprehensive details provided by the claimant regarding the accident.
Issues: The key issues revolved around proof of negligence by the car driver and validity of the claims made by the respondents.
Ratio Decidendi: The court emphasized that delay in FIR registration does not inherently undermine a claim's validity unless a fabricated account can be demonstrated; the presence of human emotions after trauma was acknowledged.
Result: Appeals dismissed.
| Table of Content |
|---|
| 1. brief overview of the appeals and awards. (Para 1 , 2) |
| 2. respondents' preliminary objections and denials. (Para 3 , 4) |
| 3. issues framed and evidence presented. (Para 5 , 6) |
| 4. court's analysis of evidence and reasons for rejection. (Para 7 , 8 , 9) |
| 5. final ruling and dismissal of the appeal. (Para 10 , 11) |
Judgment
Mr. Namit Kumar, J.
By way of this common order, aforesaid two appeals, filed by Go Digit General Insurance Co. Ltd. (hereinafter referred to as ‘the Insurance Company’) against the awards dated 03.02.2023 passed by the Motor Accident Claims Tribunal, Patiala (hereinafter referred to as ‘the Tribunal’), are being disposed of. FAO-2527 of 2023 has been filed by the Insurance company against the award passed by the Tribunal, whereby respondent-claimants have been awarded Rs. 17,51,590/- along with interest at the rate of 6% per annum from the date of claim petition till the date of award on account of death of Avtar Singh and FAO-2917 of 2023 has been filed against the award whereby injured-Harvinder Kaur has been granted compensation of Rs. 51,400/- along with interest at the rate of 6% per annum from the date of claim petition till the date of award on account of injuries suffered by her. For the sake of brevity, facts are being taken from FAO-2527 of 2023.
2. For the sake of convenience, parties are being referred as per their status in the claim petition. The brief facts of the case are that on 29.11.2020, claimant no.1-Harvinder Kaur had gone to village Bahadurgarh to see her mother, on motor cycle no. PB11-CQ-9065. The motor cycle was driven by deceased-Avtar Singh and claimant no.1 was pillion rider. At about 6 p.m. the deceased and claimant no.1 reached near Gava Garden village Ghamrouda, then a car Maruti Suzuki was coming from Nabha side, which was driven by its driver in rash, negligent and zigzag manner, came on wrong side and struck against the motor cycle of deceased as a result of which the deceased and claimant no. 1 fell down on the road and suffered multiple and grievous injuries. After seeing the critical condition of the deceased, the driver of said car fled away from the spot alongwith car. Claimant no. 1 noted down the number of car as HR26-AL-6888. Many people had gathered at the spot. A vehicle was arranged for claimant no. 1 and her husband for admission to Rajindra Hospital, Patiala. The deceased was died on the way of Rajindra Hospital, Patiala. The post-mortem of the deceased was conducted by the doctors of Rajindra Hospital, Patiala and a case being FIR no. 259 dated 30.11.2020 U/s 279,304-A,427 of IPC was registered at Police Station Sadar, Nabha, against unknown driver of Maruti Car No. HR26-AL-6888. It was pleaded that the accident took place on account of sole rash and negligent driving of respondent no.9 by driving his car no. HR-26-AL-6888. The deceased was 42 years of age and was hale and hearty. He was doing the work of mason and was earning Rs.30,000/- per month. It was further pleaded that all the claimants were dependent upon the income of deceased. Claimants have suffered loss of income, dependency, love and affection on account of untimely death. Claimant no. 1 also suffered loss of consortium and loss of companionship. The claimants have spent an amount of Rs. 1,50,000/- on account of transportation of dead body, funeral and last ritual etc. of deceased. It was further pleaded that since the accident caused on account of sole rash and negligent driving of respondent no.9 and insured with the appellant, hence both were equally, jointly and severally liable to pay the amount of compensation alongwith 18% per annum. Amount of Rs. 50,00,000/- as compensation was claimed by the claimants with interest @ 18% per annum from the date of accident till final realization.
3. Upon notice respondents no.9-Narinder Singh Chandel appeared and filed written statement taking preliminary objections regarding maintainability, respondent no.9 was having valid driving license and cl
