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254

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

1. FAO-7147-2019 (O&M)

Date of Decision : 29.01.2026

National Insurance Co. Ltd. ... Appellant(s)

Versus

Usha Rani & Ors ... Respondent(s)

2. FAO-7150-2019 (O&M)

National Insurance Co Ltd ... Appellant(s)

Versus

Usha Rani & Ors ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present : Ms. Anjali Goyal, Advocate for

Dr. D.R. Bansal, Advocate for the appellant.

Mr. A.K. Khubbar, Advocate for respondent Nos.1 to 3.

ALKA SARIN, J. (Oral)

1. This order shall dispose off the two above-captioned appeals

being FAO-7147-2019 and FAO-7150-2019 filed by the appellant-Insurance

Company challenging the impugned award dated 02.09.2019 passed by the

Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (hereinafter

referred to as ‘Tribunal’). The parties are being referred to as Insurance

Company, claimants and driver-cum-owner of the offending truck for the sake

of clarity.

2. Brief facts relevant to the present lis are that two claim petitions

(being MACT Nos.144 and 145 of 2016) were filed on account of death of

Sushil Kumar and his wife - Manisha - who were travelling from village

YOGESH SHARMA

2026.01.30 17:14

I attest to the accuracy and

authenticity of this order/judgment.

Chandigarh

FAO-7147-2019 (O&M) 2

Aurangabad to Arun Gupta Hospital, Yamuna Nagar on a motorcycle bearing

registration No.HR-01-5119 on 23.02.2016. Sushil Kumar was riding the said

motorcycle at a moderate speed and in a controlled manner. Parvesh Kumar

was following them in his three-wheeler. At about 04.00 pm, when they

reached near T Point of Village Isopur, a truck bearing Registration No.HR58-

A-3396 (hereinafter referred to as ‘offending truck) being driven by the driver

at a high speed and in a rash and negligent manner, came from the opposite

side and hit the motorcycle after coming from the wrong side. Because of the

impact, both Sushil Kumar and Manisha fell down and the motorcycle was

dragged with the offending truck for a distance. Both received multiple

grievous injuries. Manisha died on her way to the hospital and Sushil Kumar

was referred to PGI Chandigarh after providing first aid. However, while on

the way to PGI, Sushil Kumar also succumbed to his injuries. An FIR No.35

dated 23.02.2016 was registered under Sections 279, 337, 304-A, 427 of the

Indian Penal Code, 1860 at Police Station Sadar, Yamuna Nagar.

3. The driver-cum-owner of the offending truck (respondent No.4

herein) filed his written statement and pleaded that no accident had taken place

and a false case has been registered. The Insurance Company (the appellant

herein) also filed its written statement raising various preliminary objections.

On merits, the accident was denied. It was the stand taken that it was not liable

to pay any compensation.

4. On the basis of the pleadings of the parties, the following issues

were framed :

1) Whether the accident resulting into death of Sushil Kumar

and Manisha, took place on 23.2.2016 on account of rash and

negligent driving of respondent No.1 Baljeet Singh while driving

YOGESH SHARMA

2026.01.30 17:14

I attest to the accuracy and

authenticity of this order/judgment.

Chandigarh

FAO-7147-2019 (O&M) 3

truck No.HR58-A-3396 ? OPP

2) If issue No.1 is proved, to what amount of compensation

petitioners of both the respective claim petitions are entitled to

and from whom ? OPP

3) Whether the respondent No.1 has violated the terms and

conditions of insurance policy, as he was not holding a valid and

effective Driving Licence, if so, to what effect ? OPR

4) Relief.

5. The Tribunal vide the impugned award dated 02.09.2019 had

awarded the following compensation :

Compensation on account of death of Sushil Kumar

Sr. No. Heads Compensation Awarded

1 Monthly Income ₹7,996/-

2 Deduction - 1/3^rd ₹5,331/- [₹7,996 - ₹2,665]

3 Annual Income ₹63,972/- [₹5,331 x 12]

4 Future Prospects - 40% ₹89,560/- [₹63,972 + ₹25,588]

5 Multiplier - 17 ₹15,22,533/- [₹89,560 x 17]

6 Loss of estate ₹15,000/-

7 Funeral expenses ₹15,000/-

8 Loss of consortium ₹40,000/-

Tota