IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:05.05.2025 Harjit Singh .…Appellant Versus Paramjit Kaur and others ....Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - None for the appellant.

Mr. Sushil Saini, Advocate for respondents No. 1 to 3.

None for respondents No. 4 to 6.

Mr. Gopal Mittal, Advocate for respondent No. 7-Insurance Co.

NIDHI GUPTA, J.

CM-12237-CII-2017 Application is allowed as prayed for.

Photocopy of Insurance Certificate/Policy No.

2002003114P103938481 dated 28.08.2014 of motorcycle bearing registration No. PB-02-AD-5034, owned by the applicant-appellant is taken on record as Annexure A-1, subject to all just exceptions.

FAO-3748-2017 (O&M)

1. The present appeal has been filed by Harjit Singh, owner- cum-driver of the motor-cycle bearing registration No. PB-02-AD- 5034/offending vehicle, laying challenge to the Award dated 30.01.2017, passed by the learned Motor Accident Claims Tribunal, Amritsar (hereinafter referred to as ‘the learned Tribunal’) whereby the claim petition bearing MACT Case No. 08/73 of 2016 dated 06.01.2016/ 07.01.2016 filed by claimants/respondents No. 1 to 3 herein, under Section 166 of the Motor Vehicles Act, 1988 was allowed; and compensation to the tune of ₹11,36,400/- along with interest @ 7.5% per annum from the date of filing of petition till actual realization was awarded. The 03 claimants are the: i) widow; and ii) 02 sons of deceased-

Gurdeep Singh who was stated to be 51 years old at the time of death.

2. Brief facts as pleaded by the claimants in the claim petition are that on 08.04.2015, Gurdeep Singh (deceased) along with Harjit Singh was going from their house i.e. Amritsar to Bhikhiwind on a motorcycle bearing registration No. PB-02-AD-5034. The motorcycle was being driven by Harjit Singh/appellant herein in a rash and negligent manner, whereas Gurdeep Singh (deceased) was a pillion rider. Around 8:30 A.M. when they reached in the area of Bus Stand Mannan, in the meantime, a School Bus bearing registration No. PB-02-AT-9721 came there being driven by Baljit Singh/respondent No. 4 herein, in a rash and negligent manner and hit with the aforesaid motorcycle, upon which Gurdeep Singh and Harjit Singh fell down on the road. Deceased-Gurdeep Singh, received multiple injuries and was taken to Guru Nanak Dev Hospital, Amritsar. Gurdeep Singh succumbed to the injuries suffered by him in the accident on 03.05.2015. A sum of ₹70,000/- was spent on the medical treatment of the deceased. Post-mortem of the dead body of the deceased was got conducted by the police. The accident took place due to rash and negligent driving of appellant and respondent No. 4/driver of the bus which caused the death of the deceased. FIR No. 104 dated 22.09.2015 under Sections 304-A/279, 337 and 338 IPC was also registered at Police Station Chabal, on the statement of respondent No. 1-Paramjit Kaur, eye- witness of the accident. At the time of accident, deceased - Gurdeep Singh was age around 48 years; and was doing work of Carpenter; and was earning ₹15,000/- per month. The deceased was quite hale and healthy and was not suffering from any disease at the time of death. Claimant No. 1 is the widow, claimants No. 2 and 3 are the sons of the deceased and they have no source of income and were fully dependents upon the income of the deceased. The untimely death of the deceased has caused great loss to the claimants.

3. The learned Tribunal on the basis of pleadings and evidence adduced before it concluded that deceased - Gurdeep Singh, had died on 03.05.2015 due to the injuries suffered by him in the motor vehicular accident that took place on 08.04.2015 due to the composite negligence of the appellant and respondent No. 4.As such, appellant was directed to pay 50% of the aforesaid compensation as it was found that on the date of accident the offending motor-cycle bearing registration No. PB-02-AD- 5034 was not insured; and respondents No. 4 to 6 (being the driver, owner, and in