IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on : 30.01.2026 Date of Pronouncement : 25.02.2026 Uploaded on : 05.03.2026 Dhanpat ......Appellant Vs.

The Oriental Insurance Company Ltd. and others ......Respondents 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. Anuj Balian, Advocate for the appellant.

Mr. Sahej Mahajan, Advocate, for Mr. R.K.Bishamboo, Advocate, for respondent No 1-Insurance Company.

Mr. Satyam Khichi, Advocate, for Mr. P.K.Ganga, Advocate, for respondent No.2 to 6.

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SUDEEPTI SHARMA J.

1. The present appeal has been preferred by appellant-Dhanpat (owner of the offending vehicle i.e. Mahindra Bolero Pick Up bearing registration No.RJ-49-GA-0770) against the award dated 12.05.2017 passed in the claim petition under Section 166 of the Motor Accident Claims Tribunal, Sirsa (for short, ‘the Tribunal’), wherein the claimants/respondents No.2 to 6 were held entitled for compensation to the tune of Rs.8,00,000/- along with interest at the rate of 9% per annum, on account of death of Jarnail Singh in a Motor Vehicular Accident, occurred on 19.08.2015 and liability was fastened upon the appellant (owner of the offending vehicle i.e. Mahindra Bolero Pick Up bearing registration No.RJ-49-GA-0770) and respondent No.1-Insurance Company to pay the compensation to the claimants/respondents jointly and severally and respondent No.1-Insurance Company was directed to pay the compensation at the first instance and recovery right was given to respondent No.1-Insurance Company to recover the same from the appellant (owner of the offending vehicle i.e. Mahindra Bolero Pick Up bearing registration No.RJ-49-GA-0770).

FACTS NOT IN DISPUTE

2. The brief facts of the case are that on 19.08.2015, Jarnail Singh (since deceased), along with one Ram Partap of his village, had gone to Mandi Bhattu to sell mustard (sarson) crop on an Eicher tractor bearing registration No. HR-24H-2715. After selling the crop, they were returning to their village on the said vehicle, which was being driven by Ram Partap, while Jarnail Singh was sitting on the mudguard of the said vehicle. At about 10:00 p.m., when they reached near Brach Model School situated between villages Nathusari Chopta and Makhosheorani, Tehsil and District Sirsa, a Mahindra Bolero Pick-up bearing registration No.RJ-49-GA-0770, which was being driven by respondent No.1 in a rash, negligent and careless manner and in violation of traffic rules, came from the opposite side and struck against the Eicher tractor bearing registration No.HR-24H-2715. As a result of the impact, Jarnail Singh succumbed to his injuries at the spot whereas, Ram Partap sustained injuries. The Eicher tractor bearing registration No. HR-24H-2715 was also badly damaged. The matter was reported to the police and in this regard, FIR No. 159 dated 20.08.2015 under Sections 279, 337, 427 and 304-A IPC was got registered at Police Station Nathusari Chopta.

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

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

“1. Whether the accident in question resulting into death of Jarnail Singh had taken place on 19.08.2015 at about 10:00 PM in the area of Police Station Nathusari Chopta, District Sirsa on account of rash and negligent driving of vehicle Mahindra Bolero Pick Up bearing registration No.RJ-49GA-0770 by respondent no.1. If so its effect? OPP

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

3. Whether the petition deserves dismissal on the grounds mentioned in the preliminary objections taken in written statements? OPRs

4. Relief.”

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

6. After taking into consideration the pleadings and the ev