IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 18.02.2026 CHAMKAUR SINGH @ KAURA AND ANR .... Appellants VERSUS SWARANJIT KAUR AND ORS .... Respondents CORAM : HON’BLE MRS. JUSTICE ALKA SARIN Present : Mr. Raj Kumar Chandana, Advocate for the appellants.

ALKA SARIN, J. (ORAL)

1. The present appeal has been preferred by the appellants (the driver and the owner of the offending truck) aggrieved by the award passed by the Motor Accident Claims Tribunal, Moga (hereinafter referred to as ‘the Tribunal’) dated 02.12.2021. The parties are referred to as the claimants, the insurance company, the driver and the owner for the sake of clarity.

2. Briefly facts relevant to the present lis are that some work of construction of bathroom was going on in the house of the claimants and for that purpose they had called Lovepreet Singh @ Lavi son of Gurmeet Singh, resident of Village Buraj Hamira. On 01.09.2020, Amarjit Singh (since deceased) along with said Lovepreet Singh @ Lavi had gone to Baghapurana on their motorcycle make HF-Delux (Honda) bearing registration No.PB- 29W-7336 for withdrawal of money from the bank. At that time Swaranjit Kaur along with Bhinder Singh, brother of Amarjit Singh (since deceased), were following them on their separate motorcycle. When all of them were coming back from Baghapurana towards their Village and reached near the house of Hanka Singh Brar near G.T. Road Smalsar, at about 10:30 am, one LP truck make Tata bearing registration No.PB-04B-9832 came, which was being driven by its driver at a high speed and in a rash and negligent manner, and struck the same into the motorcycle of Amarjit Singh from behind due to which Amarjit Singh and Lovepreet Singh @ Lavi fell down on the road. Amarjit Singh received multiple injuries and both of them became unconscious. The accident was witnessed by Swaranjit Kaur and Bhinder Singh, who stopped their motorcycle and took Amarjit Singh to Medi City Hospital, Moga where the doctors declared him dead. It was alleged that the accident took place due to the negligent driving of the driver. FIR No.91 dated 01.09.2020, under Sections 304-A, 279, 427, 337, 338 IPC was registered against the driver on the statement of Swaranjit Kaur.

3. On notice, the driver and the owner appeared and filed their joint written statement taking various preliminary objections. On merits the factum of the accident was denied. It was averred that the police had registered a false case against the driver just to drag him in a false litigation.

4. Replication was filed. On the basis of the pleadings of the parties the following issues were framed :

1. Whether Amarjit Singh had died in a motor vehicular accident on 01.09.2020 near house of Hanka Singh Brar, G.T. Road Smalsar, Tehsil Baghpaurana, District Moga, caused by respondent No.1 while driving truck make Tata bearing registration No.PB-04B-9832 in a rash and negligent manner ? OPP

2. Whether the claimants are entitled to get compensation, if so to what extent and from whom ? OPA 3. Whether the claim petition is not maintainable ?

OPR

4. Whether the claimants have no locus standi to file the present claim petition ? OPR

5. Relief.

5. The Tribunal in the present case had awarded the following compensation :

Aggrieved by the same, the present appeal has been preferred by the driver and the owner of the offending truck.

6. Learned counsel for the driver and the owner would contend that the FIR was lodged against an unknown person and that being so, the claim petition ought to have been dismissed. It is further the contention of the learned counsel that the Tribunal was swayed by the fact that the report under Section 173 CrPC (Ex.C3) had been filed. Learned counsel would contend that the cause of death has been shown as injury to the lung which is stated to be ante mortem.

7. Heard.

8. In the present case Swaranjit Kaur had stepped into the witness box as CW1. She was the eyewitness. The FIR was registered on her statement and subsequently a