101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 06.03.2026 KRISHAN KUMAR MITTAL ......APPELLANT Vs.

RAJNESH ANAND AND OTHERS .........RESPONDENTS CORAM: HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Rahul Sharma, Advocate, for Mr. B.S. Bhalla, Advocate, for the appellant.

Mr. Suvir Dewan, Advocate, for respondent No. 3-insurance company.

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AMARINDER SINGH GREWAL, J.

1. The appellant, Krishan Kumar Mittal, son of Sh. Kulwant Rai, has filed the present appeal against the Award dated 13.01.2003 passed by the learned Motor Accidents Claims Tribunal, Moga (for short, “the Tribunal”), whereby the claim petition filed by the claimant (the appellant herein) before the Tribunal was dismissed.

2. The brief facts of the case are that the appellant-claimant, Krishan Kumar Mittal, filed MACT Case No. 38 dated 10.11.2000 before the Tribunal, Moga, wherein it was submitted that on 02.10.1998 at about 11:00 a.m., the claimant (the appellant), along with one Surjit Singh, was travelling in a Maruti car bearing No. PB-29-1090 from Moga to Village Kokari Kalan. When they reached near Village Matwani, near Police Station Mehna, a ‘Swaraj Mazda’ (‘Canter’) bearing No. PB-05-A-9698 came from the opposite side. The said vehicle was being driven by its driver in a rash and negligent manner and, while overtaking a scooter, first hit the scooter and thereafter rammed into the Maruti car of the claimant (the appellant), causing a head-on collision. Due to the accident, the claimant sustained multiple grievous injuries.

2.1 The accident was witnessed by Surjit Singh (PW-5), who took the claimant (the appellant) to Dr. Jawahar’s Hospital, Moga. Thereafter, the claimant was shifted to Madan Hospital, Amritsar. The claimant remained admitted as an indoor patient from 02.10.1998 to 08.10.1998 at Amritsar and was operated upon on 04.10.1998. Thereafter, the claimant (the appellant) visited Amritsar for follow-up treatment on 13.11.1998, 23.12.1998 and 25.02.1999. He was again admitted to Karam Singh Memorial Hospital, Amritsar on 24.03.1999, where he was operated upon on 26.03.1999 and discharged on 02.04.1999. He also visited the said hospital for follow-up treatment on 09.04.1999 and 17.04.1999. Thereafter, he remained admitted to Pahwa Charitable Hospital, Ludhiana from 28.08.1999 to 04.09.1999 for physiotherapy and also visited Dr. Prem Singh’s Bone and Joint Hospital for treatment.

2.2 It was stated that the claimant incurred approximately `2,00,000/- on his treatment, including expenses on medicines, doctor’s fees, hospitalization, transportation and diet, etc. On the basis of these facts, the claimant (the appellant) filed the claim petition before the Motor Accidents Claims Tribunal, Moga, seeking compensation to the tune of `9,00,000/-.

2.3 Notice of the claim petition was issued to the respondents. Respondents No. 1 and 2, being the owner and driver of the vehicle, filed their written statement raising preliminary objections that the claim petition was time-barred; that the petition was not maintainable; that the claimants had no cause of action against the respondents; that the claim petition was bad for non-joinder of necessary parties; and that respondents No. 1 and 2 were not liable to pay any compensation as the ‘offending Canter’ was insured with respondent No. 3-Oriental Insurance Company. A prayer was made that the claim petition be dismissed.

2.4 A separate written statement was filed by respondent No. 3- Oriental Insurance Company, raising preliminary objections that respondent No. 3 was not liable to pay compensation because, as per the photocopy of the cover note produced on record, respondent No. 1 was not the owner of the ‘offending vehicle’; that the driver of the ‘offending Canter’ was not holding a valid and effective driving licence at the time of the accident; and that no FIR was registered regarding the alleged accident against respondent No. 2-driver Dharamjit Singh. A prayer was also made that t