IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 03.03.2025 Shri Ram General Insurance Co Ltd ....Appellant VERSUS Maninderjit Singh and Others ....Respondents CORAM : HON’BLE MRS. JUSTICE ALKA SARIN Present : Mr. Tajender K. Joshi, Advocate for the appellant.

Mr. Abhimanyu Kalsy, Advocate for Mr. Ankur Gupta, Advocate for cross-objector/respondent No.1.

ALKA SARIN, J. (Oral)

1. This order shall dispose off the above captioned appeal filed by the Insurance Company against the impugned award dated 09.12.2014 whereby compensation to the tune of Rs.10,97,702/- was awarded by the Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as the ‘Tribunal’) in favour of the claimant-respondent No.1 herein as well as the Cross objections being XOBJC-167-CII-2016 filed by the claimant respondent No.1 herein for enhancement of the said compensation.

2. The parties are referred to as the Insurance Company, claimant, driver and owner hereinafter for the sake of clarity.

3. The brief facts relevant to the present lis are that on 21.01.2013 the claimant alongwith his uncle, namely, Pradeep Singh was going from Samrala to village Dhilwan. The claimant was going ahead of his uncle on a scooter bearing registration No.PB-10AF-4133. When they reached near Pirmary School, Otalna, on Samrala-Khanna Road, a Tipper bearing registration No.PB-12M-8879 (hereinafter referred to as the ‘offending vehicle’) was lying stationary on the road without any signal or indication and in order to save himself from the impact of a Bolero, which was coming from Khanna side, the claimant struck against the offending vehicle as a result of which he sustained serious injuries. The claimant was taken to Civil Hospital, Samrala from where he was shifted to Apollo Hospital, Ludhiana, where he remained admitted. It was averred in the claim petition that the claimant was studying in Nankana Sahib Public School, Samrala in class 10+2 and was hale and hearty prior to the accident and that due to the accident he became disabled and his face got disfigured due to which his marriage and future prospects have been diminished.

4. On notice the driver of the offending vehicle appeared and filed his written statement taking preliminary objections qua the maintainability of the claim petition against him averring therein that he was not the driver of the offending vehicle and that the alleged accident never took place. Owner of the offending vehicle also appeared and raised various preliminary objections. He denied the accident and stated that the offending vehicle was fully insured with the Insurance Company and had valid RC, Insurance, fitness certificate and route permit.

5. Insurance Company filed its written statement and took various preliminary objections that the claim petition was not maintainable as no such accident ever took place with the offending vehicle. It was stated in the written statement that the accident took place due to the sole negligence of the claimant and that too with some other vehicle.

6. On the basis of the pleadings of the parties the following issues were framed :

1. Whether claimant suffered injury in an accident, occurred on 21.01.2013 by respondent Harpreet Singh, while driving the offending vehicle i.e. Truck Tipper bearing No.PB-12M-8879 in rash and negligent manner ? OPP

2. Whether the claimant is entitled to compensation? If so, to what amount and from whom ? OPP

3. Whether the claim petition against respondents is not maintainable ? OPR

4. Whether the claim petition is bad for non-joinder and mis-joinder of necessary parties ? OPR

5. Relief.

7. The Tribunal held the joint and several liability of the driver, owner of the offending vehicle and the Insurance Company to pay the following compensation :