IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) FAO-1601-2015 (O&M)

New India Assurance Company Limited ...Appellant VERSUS Darshan Singh and others ...Respondents (ii) FAO-1602-2015 (O&M)

New India Assurance Company Limited ...Appellant VERSUS Gurmeet Kaur and others ...Respondents (iii) FAO-1603-2015 (O&M)

New India Assurance Company Limited ...Appellant VERSUS Jarnail Singh and others ...Respondents (iv) FAO-1608-2015 (O&M)

New India Assurance Company Limited ...Appellant VERSUS Rajinder Kaur @ Jinder Kaur and others ...Respondents (v) FAO-1609-2015 (O&M)

New India Assurance Company Limited ...Appellant VERSUS Bhinder Singh and others ...Respondents VINEET GULATI 2025.09.30 15:27 (vi) FAO-1816-2015 (O&M)

New India Assurance Company Limited ...Appellant VERSUS Kuldeep Kaur and others ...Respondents Date of Decision: September 24, 2025 CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Mr.Rahul Pathania, Advocate for Mr.R.C.Kapoor, Advocate for the appellant.

Mr.Lekhraj Sharma, Ms.Shagun and Mr.Abhishek Sharma, Advocates for respondents No.4 and 5 (in FAOs-1602 and 1608-2015)

for respondents No.2 and 3 (in FAO-1609-2015) and for respondents No.3 and 4 (in FAOs-1601, 1603 and

1816- 2015)

Mr.Saurabh Savara, Advocate for Mr.Punit Jain, Advocate for respondent No.7 (in FAOs-1601, 1603, 1816-2015), for respondent No.8 (in FAOs-1602 and 1608-2015) and for respondent No.6 (in FAO-1609-2015).

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ARCHANA PURI, J.

The New India Assurance Company Limited has filed the aforesaid six appeals, being aggrieved by the common Award dated 25.08.2014 passed by learned Motor Accident Claims Tribunal, thereby, awarding compensation to two injured and also awarding compensation to the legal heirs of various deceased.

For the convenience of discussion, the parties are referred to as VINEET GULATI 2025.09.30 15:27 making appearance before learned Tribunal.

The brief facts, relevant and essential for the disposal of the appeals, are being taken from FAO-1601-2015 and the same are as follows:-

That, on 20.02.2011, injured-persons aforesaid, together with various persons (since deceased), were travelling in a four wheeler, which was being driven by respondent No.5-Balwant Singh, its driver, while coming to Khanna, after attending Guru Ravidass Jayanti at Banaras. When the said four wheeler reached near village Kakodha on G.T. Road, at about 3.00 a.m., it became out of control, being on high speed and struck against the truck bearing registration No.UP-78T-5481, standing in the middle of the road. The truck was out of order and it was left parked, negligently by respondent No.1-Pankaj Kumar, without giving any indication of glowing indicators.

Balwant Singh, driver of the four wheeler could not anticipate the truck standing in the middle of the road, due to darkness and resultantly, the four wheeler struck with the truck with great force, which resulted into number of casualties. It is the specific claim of the claimants that the accident took place, due to the negligence of driver of both the vehicles aforesaid.

Injured Bant Singh and Bhinder Singh as well as legal heirs of deceased occupants of the four wheeler, filed separate claim petitions under Section 166 of the Motor Vehicle Act, thereby, claiming compensation from the respondents, who are the drivers, owners and insurers of the truck bearing registration No.UP-78T-5481 and four wheeler bearing registration No.PB-13U-9002.

In pursuance of the notice issued, respondents had filed their respective written statements.

VINEET GULATI 2025.09.30 15:27 On completion of the pleadings, issues were framed and evidence was adduced.

Be it noted that the driver and owner of the truck, did not dispute the taking place of the accident, but however, they asserted about the same to have taken place, on account of rashness and negligence, on the part of driver of the four wheeler.

Learned Tribunal, while deciding the claim petitions held that the accident had taken place, due to rash and negligent act, on the part of the dr