IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH THE NEW INDIA ASSURANCE COMPANY LTD ..Appellant Versus RAKESH AND OTHERS ..Respondents Reserved on: 13.02.2026 Pronounced on: 12.03.2026 Uploaded on: 18.03.2026 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. K.P.S. Virk, Advocate for the appellant.

None for respondents No.1 and 2.

Mr. Ram Karan Sharma, DAG, Haryana.

SUDEEPTI SHARMA, J. (Oral)

1. The present appeal has been filed by the appellant-Insurance company against the award dated 18.08.2017 passed in a claim petition filed under Section 166 and 140 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Narnaul (for short, 'the Tribunal'), wherein the appellant-Insurance company was fastened with the liability to pay the compensation of Rs.59,821/- to the claimant along with interest @ 9 % 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 17.11.2015 at about 1:00 p.m., Dinesh Kumar, since deceased, was heading from Village Payaga to Mahendergarh on the motorcycle No. HR34G/7433 being ridden by him on extreme left side of road at moderate speed as per traffic rules. Petitioner Sher Singh was travelling as pillion rider on the said motorcycle. After a short riding towards Mahendergarh - Narnaul road then a Haryana Roadways Bus, Depot Charkhi Dadri bearing Temporary no. HR-99VC(T)/7936 now bearing Regd. No. HR-61C/0566 (in short offending vehicle), being driven by respondent no. 1 at a high speed in rash and negligent and in zig-zag manner, flouting all traffic rules came from Mahendergarh side and hit against the motorcycle in their lane. Consequently, they alongwith the motorcycle fell down on the road causing them multiple and grievous injuries besides damages to the motorcycle. The rider Dinesh Kumar succumbed to the injuries on the spot whereas pillion rider Sher Singh (Petitioner in II petition) was seriously injured and one bystander namely Rakesh (Petitioner in III petition) also received injuries in the accident. After the accident, the respondent no.1 fled from the spot leaving behind the offending bus. The aforesaid accident had taken place due to sole rash and negligent driving of offending vehicle by respondent no. 1. Thereafter, the dead body of Dinesh Kumar was shifted to mortuary and petitioners/injured Sher Singh and Rakesh were shifted in General Hospital, Mohindergarh..

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 petitioners Rakesh and Sher Singh received injuries while Dinesh Kumar died in a motor vehicular accident which took place on 17.11.2015 at about 1:00 PM in the area of village Payaga under P.S. Mohindergarh due to rash and negligent driving of Bus no. HR-61-C/0566 by respondent no.1? OPP

2. If issue no. 1 is proved, whether the petitioner is entitled to get compensation, if so to what amount and from whom? OPP

3. Whether the vehicle in question was being driven by respondent no. 1 in violation of terms and conditions of insurance policy? OPR3

4. Relief.”

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

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimant. However, the liability to pay compensation was fastened upon the appellant-

Insurance Company. Hence, the present appeal.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES:

7. Learned counsel for the appellant–Insurance Company contends that the driver-respondent No. 3 (arrayed as respondent No.1 before the Tribunal), was not holding a valid and effective driving licence to drive the bus at the time