IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

Reserved on: 12.11.2025

Date of Pronouncement:-22.12.2025

Date of Uploading:-22.12.2025

NATIONAL INSURANCE COMPANY LIMITED ......Appellant

Vs.

HARDEV KAUR AND OTHERS ......Respondents

CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA

Present: Mr. Sandeep Suri, Advocate, for the appellant.

Mr. Sanjeev Goyal, Advocate and

Mr. Sourav Goyal, Advocate for respondents No.1 to 4.

Ms. Harpreet Kaur, Advocate for

Mr. S.S. Sahu, Advocate for respondents No. 5 and 6.

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SUDEEPTI SHARMA J .

1. The present appeal has been preferred for setting aside the award dated 28.08.2017 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the learned Motor Accident Claims Tribunal, Sangrur (for short, ‘the Tribunal’), whereby, claim petition filed by the appellant/claimant, was allowed and appellant-insurance company was held liable to pay the compensation. The award is challenged on the ground that no contributory negligence was attributed on the deceased (Husandeep

Singh) as well as quantum of compensation being on higher side.

FACTS NOT IN DISPUTE

2. Brief facts of the case is that on 16.10.2016 at about 10:30 pm, the deceased alongwith Sandeep Singh son of Major Singh, resident of Mohan Nagar, Bhawanigarh and Pargat Singh son of Hardev Singh was coming from village Ghabadan towards Bhawanigarh on his motorcycle bearing registration No.PB-13AH-8573 make TVS Sport after doing his job. Husandeep Singh was the main rider whereas Sandeep Singh and Pargat Singh were pillion riders on the aforesaid motorcycle. When they reached at Main Road, Bhawanigarh near Beas Ghar then the driver of Truck/Trolla bearing registration No.RJ-07GA- 4230 suddenly took a sharp cut. Husandeep Singh deceased applied breaks of the motorcycle, however his motorcycle struck into the Trolla at its rear. side, due to which Sandeep Singh, Pargat Singh and Husandeep Singh suffered injuries. Hussandeep Singh's head struck with the rear portion of Truck/Trolla, due to which he suffered head injury and as a result of which, he died on the spot and his motorcycle bearing registration No.PB-13AH-8573 was also badly damaged. It is alleged that accident took place due to rash and negligent driving of respondent No.1. In this regard, the FIR was got lodged by Sandeep Singh son of Major Singh, against respondent No.1. It is further averred that said accident was witnessed by Sandeep Singh son of Major Singh and Pargat Singh and other passersby. Regarding the occupation and of deceased, it is averred that deceased was the age of 20 years and he was working as skilled labourer at I.A.L. Factory, Ghabdan and besides this, he was helping his father in the business of buffaloes and was earning Rs.20,000/- per month. The claimants No.1 to 3 were dependent upon the income of deceased and he was sole bread winner of the family and due to the untimely death of the deceased, the claimants have been deprived of the love and affection. It is averred that claimants spent Rs.50,000/- on the funeral and last rites of the deceased.

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

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

“1. Whether Husandeep Singh died in a motor vehicle accident which took place on 16.10.2016 on account ofrash and negligent driving of Trolla bearing registration No.RJ-07GA-4230 which was being driven by respondent No.1? OPP

2. If issue No.1 is proved, whether the claimants are entitled to compensation, if so, to what extent and from whom?OPR

3. Whether the respondent No.1 was not holding valid and effective driving license at the time of accident, if so its effect? OPR

4. Relief.”

5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal allowed the claim petition and awarded compensation to the claimant to the tune of Rs.16,07,312/- and the appellant-I