IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH XOBJC-42-2025 Reserved on:- 31.10.2025 Pronounced on:- 20.01.2026 Uploaded on:- 21.01.2026 Bala Devi ......Appellant vs.

Nand Lal @ Mangat Ram and others ......Respondents Whether only the operative part of the judgment is pronounced?NO Whether full judgment is pronounced? YES CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present : Ms. Mamta Saini, Advocate, for the appellant.

Mr. Anil Kumar Spehia, Advocate, for respondent No.2/Cross-Objector.

Mr. Himanshu Munjal, Advocate, for respondent No.3.

Mr. Diwan S. Adlakha, Advocate, for respondent No.4.

Mr. R.C.Kapoor, Advocate, for respondent No.5-Insurance Company.

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SUDEEPTI SHARMA J .

1. Vide this common judgment, this Court, shall dispose of the appeal filed by the appellant/claimant as well as cross-objections filed by the cross-objector/respondent No.2.

2. The present appeal has been preferred against the Award dated 16.08.2016 passed by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short, ‘the Tribunal’) in the claim petition under Section 163-A of the Motor Vehicles Act, 1988, for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.4,92,000/- along with interest @ 8% per annum on account of death of deceased-Tony @ Kuldeep in a motor vehicular accident, occurred on 15.08.2009.

3. The present cross-objections have been preferred by respondent No.2-Gurdev Singh, owner of motorcycle bearing registration No.PB-70-B- 7257 on the ground that 50% liability to pay compensation has wrongly been fastened upon respondent No.2/cross-objector by the learned Tribunal.

FACTS NOT IN DISPUTE

4. The brief facts of the case are that on 15.08.2009, Toni @ Kuldeep (since deceased) was travelling as a pillion rider on a motorcycle bearing registration No. PB-70-B-7257 (Temporary No. PB-65-T-7171), which was being driven by Nand Lal @ Mangat Ram (respondent No.1), while going towards his native village Tehi Jattan. One Ravi Kumar was also seated on the same motorcycle as a third occupant behind Toni @ Kuldeep. It has been pleaded that respondent No.1 was driving the motorcycle at a normal speed and on the correct left side of the road. At about 7:15 PM, when they reached near the T-point of village Manka, a motorcycle bearing registration No. HR-02-Q-7618, being driven by respondent No.4 Ram Pal, came from the link road leading from village Manka at a very high speed, without blowing the horn and without following the traffic norms, and struck against their motorcycle. As a result of the impact, the occupants of both motorcycles fell on the road and sustained injuries. Toni @ Kuldeep suffered multiple grievous injuries on various parts of his body, including a fracture of the backbone (spine). Immediately after the accident, he was taken to Kohli Hospital, Jagadhri, from where he was referred to PGI, Chandigarh. However, instead of being taken to PGI, Chandigarh, he was admitted to Gaba Hospital, Yamuna Nagar. Subsequently, on 21.08.2009, he was referred to Government Medical College and Hospital, Sector-32, Chandigarh, where he underwent surgery and remained hospitalized up to 28.09.2009. Thereafter, he continued to receive medical treatment as an OPD patient, but his condition failed to improve and he remained bedridden. The Medical Board at Government Medical College and Hospital, Sector-32, Chandigarh, assessed his disability as 100% permanent disability. Ultimately, Toni @ Kuldeep succumbed to the injuries sustained in the accident and died on 02.05.2013. In this regard, FIR No.105 dated 17.08.2009, under Sections 279 and 337 of the Indian Penal Code, 1860, was registered.

5. Upon notice of the claim petition, respondent No.1, i.e. driver of motorcycle bearing registration No.PB-70-B-7257, did not appear despite service of summon and was proceeded against ex parte, vide order dated 11.02.2014. During the proceedings of the case before learned Tribunal, respondent No.2/cross objector i.e. owner