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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
IFFCO-TOKIO GENERAL INSURANCE CO LTD – Appellant
Versus
RAKSHIT MINOR SON THR GOPAL KRISHAN & ORS – Respondent
JUDGMENT :
SUDEEPTI SHARMA J.
1. The present appeal has been preferred by the appellant-Insurance Company against the award dated 12.05.2017 passed by the learned Motor Accident Claims Tribunal, Karnal in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Tribunal’)on the ground that the liability to pay compensation to the tune of Rs. 2,53,200/- has been wrongly fixed upon the Insurance Company.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 30.4.2015 Rakshit (minor) along with his father and cousin namely Sagar was going to Karna Lake, Karnal, for excursion on motorcycle bearing registration No.HR-05W-8946 being driven by his father, whereas he along with his cousin was travelling as pillion riders. At about 2:15 p.m., when they reached G.T. Road and were approaching towards old road of Karna Lake, Karnal, in the meantime offending vehicle being driven by respondent No.1 in rash and negligent manner came from Chandigarh side and while moving on the wrong side hit against motorcycle, as a result of which, occupants of motorcycle fell on the road and sustained injuries on their persons. Even though father and cousin of injured-petit
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