JUDGMENT :

SUDEEPTI SHARMA, J.

1. The aforesaid appeal filed by the appellant-Insurance Company and the Cross-Objections filed by respondent No.1/claimant against the same award dated 03.02.2025 passed by the learned Motor Accident Claims Tribunal, Narnaul (for short, ‘the Tribunal’) are being decided by way of this common judgment. For brevity, facts have been taken from

FAO-2438-2025.

2. The present appeal has been preferred by appellant-Insurance Company for setting aside the award dated 03.02.2025 passed by the learned Tribunal under Sections 166 and 140 of the Motor Vehicles Act, 1988, whereby, respondent No.1/claimant was awarded a compensation of Rs.62,89,480/- along with interest @ 6% per annum on account of injuries sustained by respondent No.1/claimant and the appellant-Insurance Company was held liable to pay the compensation.

FACTS NOT IN DISPUTE

3. Brief facts of the case are that on 07.04.2021, the claimant was proceeding from his residence to his agricultural fields on his motorcycle bearing registration No. HR-34K-5326. At about 9:00 PM, when he reached near PNB, the offending vehicle bearing registration No. HR-19Q-5357, being driven by respondent No.1 at a high speed and in a rash and negligent manner, came from the Mohindergarh side and, while coming onto the wrong side of the road, struck against the motorcycle of the claimant. As a result of the said impact, the claimant along with his motorcycle fell on the road and sustained multiple grievous injuries on his person. The accident was witnessed by Rajbir Singh, uncle of the claimant. In this regard, FIR No.90 dated 12.04.2021 under Sections 279, 337 and 338 of the IPC was registered at Police Station Sadar Mohindergarh.

4. Upon notice of the claim petition, the respondents appeared and filed their separate replies denying the factum of accident/compensation.

5. From the pleadings of the parties, the Tribunal framed the following issues:-

1. Whether the accident in question took place on account of rash and negligent driving on the part of respondent no.1 by driving vehicle bearing registration No. HR-19Q-5357? OPP.

2. If issue No.1 is proved, to what amount of compensation and from whom the petitioner is entitled? OPP.

3. Whether respondent No.1 did not hold a valid and effective driving licence at the time of accident and whether the terms and conditions of the insurance policy stood violated? OPR

4. Relief.

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal has awarded compensation to the tune of Rs.62,89,480/- along with interest at the rate of 6% per annum on account of injuries sustained by respondent No.1/claimant and the appellant-Insurance Company was held liable to pay the compensation. Hence, the Insurance Company filed the present appeal challenging the award dated 03.02.2025 passed by the learned Tribunal.

SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES

7. Learned counsel for the appellant-Insurance Company contends that learned Tribunal has erred in holding that accident in question took place due to rash and negligent driving of offending vehicle. Furthermore contends that there was delay of four days in lodging the FIR and the offending vehicle was falsely implicated in the FIR. Furthermore contends that income of respondent No.1/claimant is assessed on higher side. Therefore, he prays that the present appeal be allowed and the impugned award of the learned Tribunal be set aside.

8. Per contra, learned counsel for the respondent No.1/cross- objectors contends that the learned Tribunal has rightly held that the accident in question took place due to rash and negligent driving of offending vehicle. He further contends that the compensation awarded is on lower side and respondent No.1/claimant has filed cross-objections i.e. XOBJC-69-2025 for enhancement of compensation awarded by the learned Tribunal. Therefore, he prays that the cross-objections be allowed and the compensation awarded by the learned Tribunal be