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2026 Supreme(Online)(P&H) 2663

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURINDER KAUR AND OTHERS – Appellant
Versus
DR. MOHAN DEV SAINI AND OTHERS – Respondent


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Surinder Kaur & OTHERSAppellants Versus Dr. Mohan Dev Saini & OTHERS …Respondents Reserved on: 13.02.2026 Pronounced on: 16.02.2026 CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Argued by:- Mr. Naresh Kumar, Advocate For the appellants.

Mr. Rajbir Wasu, Advocate For respondent No.2.

DEEPAK GUPTA, J.

This appeal is directed against the award dated 06.11.1997 passed by the learned Motor Accident Claims Tribunal, Hoshiarpur, whereby the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 was disposed of by granting compensation of ₹50,000/- only under the principle of no-fault liability, holding that negligence on the part of the driver of the offending vehicle had not been established.

2. Pleadings:The admitted factual position is that on 20.12.1993 at about 6.30 PM, Amarjit Singh (since deceased) was travelling in Maruti Car bear- ing registration No. DL1C-7370 from Bunga to Hoshiarpur. The car was being driven by respondent No.1 Dr. Mohan Dev and was owned by his wife, respon- dent No.3. On the way, near village BhikOwal on the Dasuya-Hoshiarpur road, the vehicle struck against a Safeda tree. Amarjit Singh sustained m

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