IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

235 Date of decision: 20.01.2026 FAO-13256-2018(O&M)

Gurlal Singh ...Appellant(s)

Vs.

The Oriental Insurance Company Limited & Others ...Respondent(s)

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FAO-1529-2019(O&M)

Oriental Insurance Company Limited ...Appellant(s)

Vs.

Akki Kaur & Others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Sanjeev Goyal, Advocate for Mr. Rajbir Singh, Advocate for the appellant/owner (in FAO-13256-2018).

Mr. Ashwani Talwar, Senior Advocate with Mr. Nikhil Sehrawat, Advocate Mr. Deepak Goyal, Advocate for the appellant/Insurance Company (in FAO-1529-2019).

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NIDHI GUPTA, J. FAO-13256-2018 Present appeal has been filed by the Insured/owner of the tractor-trolley bearing registration No.PB-31J-5048/offending vehicle against the Award dated 08.10.2018 passed by Motor Accident Claims Tribunal, Sangrur (hereinafter ‘the learned Tribunal’) whereby Claim Petition No.66 dated 20.03.2018 filed by the claimants/respondents No.2 to 6 herein, has been allowed; and claimants have been awarded compensation of Rs.13,40,200/-. The 5 Claimants are the 25-year-old widow; 4-year-old minor son; 2-year-old minor daughter; 54-year-old mother; and 63-year-old father of deceased Surjit Singh, who was 26 years old at the time of accident.

Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the parties concluded that the deceased Surjit Singh had died due to injuries suffered by him in a motor vehicle accident that took place on 2.11.2017 due to the rash and negligent driving of the offending vehicle being driven by respondent No.7, owned by the appellant, and insured by respondent No.1. Vide the impugned Award, appellant and insurer have been held jointly and severally liable to pay the compensation amount; however, recovery rights have been granted to the Insurance Company/respondent no.1 herein, against the appellant on the ground that “……only tractor was insured, and there is no reference of depositing premium for the insurance of trolley. Therefore, Dalbir Das was driving tractor, along with trolley in violation of the terms and conditions of insurance policy. As the vehicle was insured, therefore insurance company is liable to pay the amount of compensation to the claimants and at the same time granting recovery rights under the provisions of Section 174 of Motor Vehicle Act against the insured. ……” The above said compensation has been awarded along with interest @ 7% per annum.

CM-4707-CII-2019 IN FAO-1529-2019 This is an application under Section 5 of Limitation Act for condonation of delay of 12 days in filing the appeal.

After going through the contents of the application, which is supported by affidavit of the appellant, the same is allowed subject to all just exceptions and delay of 12 days in filing the present appeal is condoned.

FAO-1529-2019 Present cross-appeal has been filed by the Insurance Company against the Award dated 08.10.2018 passed by the Tribunal in Claim Petition No.66 dated 20.03.2018, whereby compensation of Rs.13,40,200/-

has been awarded to the claimants.

Both the above cross-appeals are being disposed of by this common order as both emanate from Award dated 08.10.2018; both are in respect of the accident dated 02.11.2017, involving the same offending vehicle/tractor trolley bearing registration No.PB-31J-5048; and parties and issues involved in both the cases are identical. For the sake of brevity, the facts are being drawn from, and parties are being referred to as per their litigative status in FAO-13256-2018 filed by the owner of the offending vehicle.

2. Learned counsel for the appellant/owner of the offending vehicle inter alia submits that the learned Tribunal has affixed liability upon the appellant and has granted recovery rights to the respondent No.1/insurer against the appellant on account of the fact that only the tractor was insured and that the trolley, which was attached with the tractor,