JUDGMENT :

SUDEEPTI SHARMA, J.

FAO-1714-2018

1. The present appeal has been preferred against the award dated 13.10.2017 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal’) in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, on the ground that appellant/insurance company was wrongly held liable to pay the compensation to claimants/respondents as well as quantum of compensation is on higher side.

2. The present cross-objection has been preferred by respondents No.1 and 2/cross-objectors/claimants against the award dated 13.10.2017 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the learned Motor Accident Claims Tribunal, Narnaul for enhancement of compensation, granted to respondents No.1 and 2/cross-objectors to the tune of Rs.35,77,040/- along with interest @ 7.5 % per annum on account of death of deceased-Rakesh Kumar in a motor vehicular accident, occurred on 13.12.2015.

3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimant/cross-objector are arising out of the same award dated 15.12.2023 passed by the learned Tribunal, therefore, FAO-1714-2018 and XOBJC-149-CII-2018 are decided vide this common judgment.

BRIEF FACTS OF THE CASE:-

4. On 13.12.2015 Rakesh (since deceased) was going from village Totaheri to Nangal Chaudhary on motor cycle No.HR-35J-7863 being driven by Jai Prakash. At about 8.00 P.M. when they reached near Bus Stand, Nangal Kaliya, meanwhile the offending vehicle bearing registration No.HR-55C-0871 came from Narnaul side being driven by respondent No.1 at a high speed,rash and negligent and zig-zag manner and hit the motor cycle of the deceased. As a result of which Rakesh (since deceased) fell down on the road and suffered fatal injuries. The accident in question was witnessed by Banwari Lal son of Sh.Ram Kumar resident of village Sirohi Bahali who noted down the registration number of the offending vehicle and narrated the same to the police. The family members of the deceased brought the injured Rakesh to General Hospital, Narnaul where he was medico- legally examined and referred to some bigger hospital. Then the injured/deceased Rakesh was firstly taken to Kailash Hospital, Behror and then to Soni Hospital, Jaipur where he succumbed to the injuries and died during treatment on 22.12.2015 and post mortem on his dead body was conducted on 22.12.2015. The accident in question has been alleged to have been caused due to rash and negligent driving of the above said Toyota Qualis bearing No.HR-55C-0871 by respondent No.1.

5. Upon notice of the claim petition, respondents appeared and admitted the factum of compensation.

6. From the pleadings of the parties, the following issues were framed by the learned Tribunal:-

“1. Whether Rakesh Kumar succumbed to injuries in a motor vehicle accident which took place on 13.12.2015 at about 20.00 hours in the area of near road side of main road leading to Nangal Chaudhary due to rash and negligent driving of vehicle bearing registration No.HR-55C-0871?OPP.

2. If issue no.1 is proved whether the petitioners are entitled to any compensation, if so in what amount and from whom? OPP.

3. Whether respondent No.1 was holding a valid and effective driving license at the time of accident, if so its effect? OPR.

4. Relief ”

7. Thereafter, both the parties led their evidence in support of their respective pleadings.

8. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants. However, the liability to pay compensation was fastened upon the appellant-Insurance Company. Hence, the present appeal.

SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES FAO-1714-2018

9. Learned counsel for the appellant-Insurance Company contends that the learned Tribunal has erred in holding that the accident occurred due to the rash and negligent driving of the offending vehicle. He further submits th