IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JAIDEEP @ JAGDEEP ..Appellant Versus INDRAWATI AND OTHERS ..Respondents Reserved on: 19.12.2025 Pronounced on: 13.02.2026 Uploaded on: 17.02.2026 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. Balraj Singh Rathee, Advocate for the appellant.

Mr. Varun Sharma, Advocate for respondents No.1 to 3.

Ms. Manvi Verma, Advocate for Mr. Rajneesh Malhotra, Advocate for respondent No.4-Insurance Company.

SUDEEPTI SHARMA, J.

1. The present appeal has been filed by the appellant/driver-cum- owner of the offending vehicle against the award dated 27.07.2017 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Sonepat (for short, 'the Tribunal'), wherein the appellant/driver of the offending vehicle was fastened with the liability to pay the compensation of Rs.11,05,000/- to the claimants/respondents No.1 to 3 along with interest @ 7% per annum from the date of filing of claim petition till recovery.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 24.12.2015, deceased Ram Dhari S/o Mai Dhan loaded sugarcane from his field in tractor- trolley No.HR11E-7513 at 5 pm. Deceased- Ram Dhari and his son Sandeep left for Sugar Mill Ahulana (Gohana). The tractor was being driven by deceased- Ram Dhari, and his son Sandeep was sitting on the left side seat of the tractor. At about 16.15 pm, they reached 2 KM ahead of Petrol pump on Gohana-Meham Road. In the meanwhile, the offending vehicle i.e. tractor No. HR11F-1937 came from back side. The offending tractor was being driven by respondent no. 1 in a rash and negligent manner. The offending tractor struck to the tractor of the deceased- Ram Dhari S/o Mai Dhan. Resultantly, the trolley attached with the offending tractor came upon the tractor of the deceased. Sandeep S/o Ram Dhari fell at a distance in the ditches and deceased Ram Dhari came underneath the said trolley of the offending tractor. After seeing the accident, respondent no.1 fled from there, leaving the offending vehicle on the spot. Sandeep S/o Ram Dhari and other passersby took out the deceased Ram Dhari from the tractor and took him to Government Hospital for treatment, but Ram Dhari was declared dead by the doctors of Government Hospital, Gohana. The postmortem examination on the dead body of deceased-Ram Dhari was conducted in General Hospital, Gohana on 25.12.2015. On the basis of statement of Sandeep S/o Ram Dhari, police registered a case arising out of F.I.R. No.355 dated 25.12.2015, Police Station Baroda under sections 279/337 and 304A of IPC against the respondent no.1.

3. Upon notice of the claim petition, respondents therein appeared and contested the claim petition by filing separate written statement denying the factum of accident/compensation.

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

“ 1. Whether the accident took place due to rash and negligent driving of vehicle bearing registration No. HR- 11F-1937 by its driver-respondent No. 1 on 24.12.2015, within the jurisdiction of Police Station, Baroda resulting into death of Ram Dhari, as alleged? OPP.

2. If issue No. 1 is proved in the affirmative, to what amount of compensation, the petitioners are entitled to and from whom? OPP.

3. Whether the claim petition is not maintainable and petitioners have no cause of action and locus- standi to file the present claim petition ? OPR.

4. Whether respondent no.1 was not holding valid and effective driving license at the time of alleged accident if so its effect? OPR.

5. Whether respondent no.1 was driving the vehicle bearing registration no. HR-11F-1937 in violation of terms and conditions of insurance policy ? OPR.

6. Relief.”

5. Thereafter, both the parties led their evidence in support of their respective pleadings.

6. After taking into consideration the pleading