IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA FAO Nos. 26 and 27 of 2013 Reserved on : 10.4.2025 Date of decision: 16.7.2025

1. FAO No.26 of 2013 National Insurance Company Ltd. …Appellant.

Versus Debo and others …Respondents.

2. FAO No.27 of 2013 National Insurance Company Ltd. …Appellant Versus Prem Singh and others …Respondents Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting? Yes.

For the Appellants : Dr. Lalit K. Sharma, Advocate, in both the petitions.

For the Respondents : Mr. Praveen Chauhan, Advocate, for respondents No.1 to 4 in FAO No.26 of 2013, and for respondents No.1 and 2 in FAO No.27 of 2013.

Mr. Ashok K. Verma, Advocate, for respondent No.5 in FAO No.26 of 2013, and for respondent No.3 in FAO No.27 of 2013.

Vivek Singh Thakur, Judge These appeals preferred against the impugned award, arising out of the same accident which had taken place on 15.5.2010, for involvement of common question of …2…

law and similar facts, are being decided together vide this common judgment.

2. The motor vehicle accident, in present case, took place on 15.5.2010 at a place known as Chamba Chadai near Rohali Tindi, Police Station Udaypur, District Lahaul & Spiti (HP) when Mazda vehicle bearing registration No.HP-45A- 0148 being driven by Karam Singh fell in gorge causing death of two persons i.e. 30 years old driver Karam Singh son of Shri Prem Lal resident of village Malihat, PO Killar, Tehsil Pangi, District Chamba and 19 years old Tenzin son of Shri Prem Singh resident of village Sural Bhatori, Tehsil Pangi, District Chamba (HP). With respect to accident, FIR No. 9 of 2010 dated 15.5.2010 was also registered in Police Station Udaypur, District Lahaul and Spiti.

3. Dependents/legal heirs of Karam Singh filed Motor Accident Case No. 42 of 2010 titled Debo and others vs. National Insurance Company and another before MACT Chamba.

4. Parents of Tenzin also preferred claim petition i.e. MAC No. 104/12/2010 before the MACT, Chamba, District Chamba for awarding the compensation in their favour.

5. Both claim petitions were allowed by MACT, Fast Track Court, Chamba and the liability to pay in both cases has been fastened upon the Insurance Company.

…3…

6. In MAC No.42 of 2010, the dependents/legal heirs of Karam Singh have been awarded compensation of Rs.4,28,000/- with interest at the rate of 7.5% per annum from the date of filing of petition till deposit of awarded amount.

7. The claim petition i.e. MAC No. 104/2012/10 titled Prem Singh vs. National Insurance Company preferred by parents of Tenzin, has also been allowed by the MACT, Fast Track Court, Chamba, District Chamba by awarding compensation to the dependents/legal heirs of Tenzin amounting to Rs.2,99,000/- with interest at the rate of 7.5 % per annum from the date of filing of petition till deposit of said amount.

8. Being aggrieved by aforesaid Award passed in MAC No. 42 of 2010, appellant/National Insurance Company has preferred FAO No. 26 of 2013 titled National Insurance Company Limited vs. Debo and others, and against Award passed by MACT in MAC No. 104/2012/10, appellant/National Insurance Company has preferred appeal FAO No. 27 of 2013 titled National Insurance Company Limited vs. Prem Singh and others.

9. Before the MACT, claimants had examined three witnesses in both appeals. PW1 in both appeals was claimant No.1 i.e. Debo Devi in FAO No. 26 of 2013 and Prem Singh in …4…

FAO No. 27 of 2013. Other witnesses are common and have deposed similarly in both cases.

10. PW2 Inder Singh, the police official, has proved on record the FIR No. 9 of 2010 dated 15^th May, 2010 registered under Sections 279 and 304-A of IPC.

11. PW3 Dr. Anchit Wapa has proved the postmortem reports of both deceased which have been placed on record Ext.PW3/A in both cases.

12. Owner of vehicle Nurbu Ram has appeared in the witness box as RW1, whereas Roop Singh Licencing Clerk of SDM Pangi has been examined as RW2 in both petitions. RW2 has proved the driving licence Ext.D1 of driver Karam