IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:29.01.2025 THE ORIENTAL INSURANCE COMPANY LTD ...APPELLANT VS.

SMT. SAPNA DEVI AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. D.P. Gupta, Advocate for the appellant.

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SUVIR SEHGAL, J. CM-15500-CII-2024

1. For the reasons given in the application, it is allowed.

2. Delay of 46 days in filing of the appeal is condoned.

Main Case

3. This is an appeal filed under the Motor Vehicles Act, 1988, by the insurer of the offending vehicle assailing award dated 02.04.2024 passed by the Motor Accident Claims Tribunal (for short “the Tribunal”), Gurugram.

4. Facts are not in dispute. On 16.09.2018, Sanjay Singh and Yatender were travelling on a motorcycle, which was hit by a Canter bearing No.HR-38-X-8396. Due to the negligent driving by the Canter, both the motorcycle riders sustained injuries and Sanjay Singh was declared dead at the hospital. On the statement of an eye witness, FIR No.36 dated 17.09.2018 was lodged under Sections 279 and 304-A, IPC. The claimants/respondents No.1 to 4, who are the wife, minor children and mother of the deceased, filed a claim petition before the Tribunal. After