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2026 Supreme(P&H) 440

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI, J.
United India Insurance Co. Ltd. - Appellant
Versus
Giarsi Devi And Others - Respondents
FAO-3847-2023 (O&M), FAO-3853-2023 (O&M), FAO-3859-2023 (O&M), FAO-4661-2023 (O&M), FAO-4662-2023 (O&M), FAO-4665-2023 (O&M)

Decided On : 19-02-2026

Advocates Appeared:
For the Appellant :Mr.Gopal Mittal, Advocate
For the Respondent:Mr.Harish Goyal, Advocate

JUDGMENT :

ARCHANA PURI, J.

1.These are bunch of six appeals, filed to assail the Awards of even date passed by learned Motor Accident Claims Tribunal, thereby, granting compensation on account of deaths of Sushil Kumar alias Sushil, Pooja and Pari alias Gunnu, in the same motor vehicular accident.

2. FAOs-4661, 4662 & 4665-2023 have been filed by the claimants, to question the adequacy of the compensation awarded by learned Tribunal, on account of deaths of Sushil Kumar alias Sushil, Pooja and Pari alias Gunnu.

3. FAOs-3847, 3853 & 3859-2023 have been filed by the insurance company to question the involvement of the truck bearing registration No.PB-12Y-3651 and also seeking reduction of the compensation awarded vide impugned Awards dated 04.03.2023.

4. For the convenience of discussion, the parties are referred to, as making appearance before learned Tribunal.

5. It is pertinent to mention that three separate claim petitions were filed, qua death of Sushil Kumar alias Sushil, his wife Pooja and their daughter Pari alias Gunnu, in the same accident. Similar manner of taking place of the accident was asserted in all the three claim petitions.

6. For the convenience, the facts are taken from the claim petition filed by mother Giarsi Devi and brother Rahul Kumar, of deceased Sushil Kumar @ Sushil, which are as follows:-

7. That, on 22.11.2021, Dev alias Dev Kumar, Pooja, Pari alias Gunnu, Sushil Kumar and Rahul Kumar had gone to Kali Mata Mandir to pay obeisance. Dev alias Dev Kumar and Rahul Kumar were on separate motorcycle, wheres, Pooja, Sushil Kumar and Pari were going on Activa scooter bearing registration No.PB-26F-3266, which was driven by Sushil Kumar. A truck bearing registration No.PB-12Y-3651 was lying parked on the road, without any indicator, parking lights etc. and rear cover of the said truck was also lying opened and iron bars of about 4 ft. were out of its body.

8. There was darkness, as a result whereof, the parked truck never came to the notice of Sushil Kumar and he struck his Activa against the said truck. All the occupants of the Activa sustained injuries and died instantaneously.

9. Respondent No.1-Pardeep Kumar came to Rahul Kumar and admitted his guilt and disclosed his name and address to him. Thereafter, while seeing gathering of people, the driver of the truck fled away from the spot, after leaving the offending truck there. FIR was got registered.

10. Deceased Sushil Kumar @ Sushil was claimed to be 27 years old, at the time of accident and he was indulging in sale of clothes, on his motorcycle and earnings Rs.20,000/- per month. The claimants were dependent upon the deceased.

11. Likewise, the claim petition, relating to death of Pooja, was filed by her mother-in-law Giarsi Devi and two brothers Sonu Kumar and Dev Kumar. It was pleaded that Pooja was 28 years old, at the time of accident. She was running a boutique, under the name and style of Pooja Boutique and earning Rs.30,000/-. It was further pleaded that Pooja was nine months’ pregnant, at the time of accident.

12. Third claim petition relating to death of Pari alias Gunnu was filed by Giarsi Devi, who is grand-mother of the deceased.

13. In the respective claim petitions, respondents No.1 and 2 disputed the maintainability of the claim petitions. They also questioned the locus standi and cause of action to file the claim petitions and that the claimants are estopped by their own act and conduct, from filing of the claim petitions.

14. On merits, they denied about the alleged accident to have ever taken place, at the time and date, with the truck bearing registration No.PB-12Y- 3651. It was pleaded that the truck in question has been falsely involved in the present case, in collusion with the police.

15. Likewise, respondent No.3-insurance company, in its reply, has also denied about taking place of the accident and also further, took various pleas about driver to be not having valid driving licence, RC, Fitness Certificate, Route Permit etc., at the time of

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