JUDGMENT :

SUDEEPTI SHARMA, J.

FAO-3343-2022 (O&M)

1. The present appeal has been preferred against the award dated 19.01.2022 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, wherein, the appellant/insurance company was held liable to pay the compensation, on the ground that Issue No. 1 with respect to negligence driving of offending vehicle has been wrongly decided against the appellant-Insurance Company.

XOBJC-92-CII-2022

2. The present cross-objection has been preferred by cross- objectors/claimants (respondents No.1 to 2 herein) against the award dated 19.01.2022 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Tribunal, for enhancement of compensation, granted to the cross-objectors/claimants to the tune of Rs.8,34,094/- along with interest @ 7.5% per annum on account of death of Jasvir Singh (deceased).

3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimants/cross-objectors (respondents No.1 to 2) are arising out of the same award dated 19.01.2022 passed by the learned Tribunal, therefore, FAO-3343-2022 and XOBJC-92-2022 are decided vide this common judgment.

BRIEF FACTS OF THE CASE

4. On 18.11.2019, deceased Jasvir Singh after completing his job in Phase VIII-B, Mohali was returning to his house in Village Sante Majra while sitting on the pillion seat of a motor cycle bearing registration no.PB27-F-1850 which was being driven at fast speed and in a rash and negligent manner by Sukhwinder Singh respondent no.3. When they were on the road leading from Landran to Kharar and had gone little ahead from Chapar Chiri and reached near the petrol pump of Chapar Chiri at about 06.10 am, at that time a stray cattle came from the left side of the road. Due to more speed, respondent no.3 could not stop his vehicle and in order to avoid collision with the cattle, he took a sudden right turn and collided with an unknown car which was in the process of overtaking the motor cycle of respondent no.3. Due to collision the deceased and respondent no.1 fell on the road and both received injuries. Respondent no.1 escaped with minor injuries whereas deceased suffered serious injuries and was taken to Civil Hospital, Kharar immediately where doctors on duty declared him brought dead. FIR no.141 dated 18.11.2019 under Section 279, 304-A of IPC was registered at Police Station Balongi, District SAS Nagar.

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 Jasvir Singh has died in a road side accident due to composite rash and negligent driving of motorcycle bearing registration no.PB27-F-1850 by respondent no.1 and unknown vehicle?

2. Whether the claimants are entitled to compensation, if so to what amount and from whom? OPP.

3. Whether respondent no.1 was not having a valid and effective driving license at the time of accident?OPR-2.

4. Relief.”

6.1 After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants/respondent Nos. 1 to 2. However, the appellant-Insurance Company was held liable to pay the compensation. Hence, the present appeal.

SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES

7. Learned counsel for the appellant–Insurance Company contends that the First Information Report was registered against an unknown person. He further argues that there are material contradictions between the contents of the FIR and the testimony of PW-2, the alleged eye-witness, thereby casting doubt on the manner of the accident. On this basis, he further submits that the involvement of the offending vehicle has not been duly established and the offending vehicle has been falsely implicated in the present case. Consequently, he prays th