IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.-

XOBJC-140-CII-2018 Iffco Tokio General Insurance Company Ltd. ....Appellant Vs.

Sanjana Devi and others ....Respondents Reserved on : 15.01.2026 Date of Pronouncement: 18 .02.2026 Uploaded on : 20.02.2026 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 : Mr. Ajay Singla, Advocate, for the appellant-Insurance Company (in FAO No. 5239-2017).

Mr. Rao Ajender Singh, Advocate, for the cross-objector/respondents No.1 and 2 (in FAO No. 5239-2017)

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SUDEEPTI SHARMA, J.

FAO-5239-2017 (O&M)

1. The present appeal has been preferred by the appellant- Insurance Company for setting aside the award dated 16.02.2017 passed by the learned Motor Accident Claims Tribunal, Rewari, (for short, ‘Tribunal’) under Section 166 of the Motor Vehicles Act, 1988 in MACT Case No.

79/2014, whereby, the claimants/respondents No.1 and 2 were awarded a compensation of Rs.11,11,000/- along with interest @ 7.5% per annum on account of death of Shri Niwas (deceased) and the appellant-Insurance Company and owner were held liable to pay the compensation, jointly and severally.

XOBJC-140-CII-2018

2. The present cross-objections have been preferred by cross- objectors/claimants (respondents No.1 and 2 herein) against the award dated 16.02.2017 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Tribunal, for enhancement of compensation, granted to the cross-objectors/claimants to the tune of Rs.11,11,000/- along with interest @ 7.5% per annum on account of death of Shri Niwas (deceased).

3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimants/cross-objectors are arising out of the same award dated 16.02.2017 passed by the learned Tribunal, therefore, FAO- 5239-2017 and XOBJC-140-CII-2018 are decided vide this common judgment.

FACTS NOT IN DISPUTE

4. Brief facts of the case are that on the night of 15/16.8.2016 Shri Niwas deceased alongwith Pawan son of Raghbir, Dharmender son of Hansraj and another person were coming towards Rewari on Tata 407 no.

RJ-18GA-0042. The vehicle was loaded with goats and sheep. It was being driven by Pawan Kumar in a rash and negligent manner. The occupants of the vehicle asked driver Pawan Kumar to drive the vehicle at a moderate speed but he did not listen to them. At about 12.00 mid night, when they reached near village Majra, Pawan Kumar caused accident of vehicle with Rajasthan roadways bus no. RJ-07-PA-6270 coming from the opposite side which was being driven by respondent no.3 Raj Kumar. The driver of Tata 407 no. RJ-18GA-0042 namely Pawan Kumar and another unknown person sitting in the vehicle died at the spot. Shri Niwas also received fatal injuries.

He was taken to General Hospital, Rewari, where he was declared dead.

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

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

“1.. Whether deceased Shri Niwas son of Jai Ram died in a motor vehicle accident occurred on the night of 15/16.08.2014 due to rash and negligent driving of Rajasthan Roadways Bus No. RJ07 PA 6270 by driver respondent no. 3 and TATA no. RJ18 GA 0042 driven by Pawan son of Raghubir Singh resident of Village Gaud Tehsil Narnaul? OPP

1A Whether Raj Kumar suffered injuries in an accident that took place on the night of 15/16.8.2014 due to rash and negligent driving of Rajasthan Roadways Bus no. RJ-07PA 6270 by driver respondent no.3 and Tata no. RJ-18GA-0042 driven by Pawan son of Raghbir Singh resident of village Gaud Tehsil Narnaual?OPP

2. Whether the petitioners suffered damage due to death of 30 sheep and goats loaded in Tata no. RJ18 GA 0042 on account of accident that took place on the night of 15/16.08.2014 due to rash and negligent driving of Rajasthan