IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 27.02.2026 Ashok Kumar and others ....Appellants V/s Gurdarshan Singh and others .…Respondents CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Pranav Chadha, Advocate, for the appellants.

Mr. Gopal Mittal, Advocate, for respondent No.4-insurance co.

***

VIKRAM AGGARWAL, J. (ORAL)

The instant appeal has been preferred by the claimants, who are the parents, sister and minor brother of one Simran Kumari (since deceased), seeking enhancement in compensation awarded to them by the Motor Accident Claims Tribunal, SAS Nagar (for short “the MACT”) vide award dated 09.05.2024 passed in a claim petition instituted under Section 166 of the Motor Vehicles Act, 1988 (for short “the MV Act”) on account of death of Simran Kumari , who expired in a motor vehicular accident which took place on 22.10.2020.

2. The case of the claimants was that on 22.10.2020, Simran Kumari had gone to attend an interview at IDBI Bank through an outsourcing agency at Zirakpur, District SAS Nagar (Mohali). After the interview, she telephonically contacted her friend, Kamlesh son of Suresh Kumar, to pick her up from Metro Mall, Zirakpur and drop her at her residence in Village Raipur Khurd, U.T. Chandigarh. Accordingly, the deceased was coming back from Zirakpur towards her house as a pillion rider on Activa Scooter bearing registration No.CH-01-AX-1384, which was being driven by Kamlesh. When they reached the Chandigarh–Ambala Flyover at Zirakpur, a CTU Bus bearing registration No.CH-01-GA-8120 (hereinafter referred to as “the offending vehicle”), being driven by respondent No.1 (Gurdarshan Singh), came from behind at a very high speed and in a rash and negligent manner, without blowing any horn, and struck against the scooter from the rear side. As a result of the same, Simran Kumari fell on the right side of the road and was run over by the front tyre of the said bus, which crushed her head, leading to her death at the spot. It was averred that the accident had taken place solely due to the rash and negligent driving of the offending bus by respondent No.1.

3. FIR No.402 dated 22.10.2020 under Sections 279/304A IPC was registered against respondent No.1 at Police Station Zirakpur.

4. It was averred that Simran Kumari was hale and hearty. It was averred that at the time of accident, she was 23 years old. It was averred that she was working in a private company at Ludhiana and was earning Rs.22,000/- per month. However, due to her untimely death caused by the accident, the claimants had suffered irreparable loss of financial support, love, and affection. Accordingly, compensation of Rs.1 crore along with interest from the date of accident till its realization was claimed.

5. The driver of the offending vehicle filed his written statement and denied the factum of the accident.

6. The owners (respondents No.2 and 3) of the offending vehicle filed their joint written statement and denied the factum of the accident.

7. Respondent No.4, insurance company of the offending vehicle raised its usual defences and denied the factum of the accident.

8. From the pleadings of the parties, following issues were framed:

“1. Whether Simran Kumari died in a road side accident caused by respondent No.1 while driving vehicle Bus bearing No.CH-01-GA-8120 in a rash and negligent manner?OPP

2. Whether the claim petition is not maintainable?OPR

3. Whether the claimants are entitled to receive compensation as prayed for? If so, to what extent and from whom?OPP

4. Whether the respondent No.1 being driver of the above said vehicle was not holding valid and effective driving license, route permit and fitness certificate at the time of accident?OPR-4

5. Whether the respondent No.1 had committed breach of terms and conditions of the insurance policy, if so, its effect?OPR-4

6. Relief.”

9. Parties led their respective evidence.

10. After considering the evidence led on the record of the case, a finding was recorded by the MACT that t