IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (351)

1. FAO-2776-2019 (O&M)

Patel Infrastructure Pvt. Ltd. ….Appellant Versus Jaswinder Kaur and others ….Respondents

2. FAO-4145-2019 (O&M)

Jaswinder Kaur and another ….Appellants Versus Ramesh Kumar and others ….Respondents Date of decision:- 04.03.2025 CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Kanwaljit Singh, Senior Advocate, with Mr. Brij Mohan Vinayak, Advocate, and Mr. Kunal Vinayak, Advocate for the appellants in FAO-2776-2019 and for respondent No.4 in FAO-4145-2019.

Mr. Vipul Sharma, Advocate for the appellants in FAO-4145-2019 and for respondents No.1 and 2 in FAO-2776-2019.

Mr. Lovepreet Singh, Advocate for Mr. Sanjeev Kodan, Advocate for the respondent-IFFCO TOKIO General Insurance Company in FAO-4145-2019.

Mr. Sachin Ohri, Advocate for the IFFCO TOKIO General Insurance Company in FAO-2776-2019.

Mr. Punit Jain, Advocate for Cholamandlam General Insurance Company Limited.

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VIKAS BAHL, J. (ORAL)

INDEX CHALLENGE/PRAYERS IN THE TWO APPEALS

1. This order will dispose of two FAOs i.e. FAO No.2776 of 2019 which has been filed by the owner i.e., Patel Infrastructure Private Limited in which challenge has been made to the award dated 16.01.2019 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter to be referred as “the Tribunal”) to the extent that the Insurance Company i.e. IFFCO TOKIO General Insurance Company Limited had been granted the right to recover the amount of compensation from the appellant-owner of the offending dumper; FAO No.4145 of 2019 has been filed by the claimants who are the widow and minor daughter of the deceased Roshan Lal who had died in a motor vehicular accident which took place on 29.09.2016 and the prayer in the said appeal is for enhancement of compensation awarded to the claimants. The compensation awarded in the case is to the tune of Rs.9,78,700/- along with interest at the rate of 7.5% per annum.

ARGUMENTS ON BEHALF OF THE APPELLANT/OWNER IN FAO-2776-2019

2. Learned Senior counsel for the appellant-owner in FAO No.2776 of 2019 has submitted that in para 31 of the award passed by the Tribunal, the argument on behalf of the present appellant to the effect that it was after due verification that the driver of the vehicle i.e., dumper, was appointed as a driver and due procedure was followed and even driving test was conducted, was specifically noticed. It is submitted that RW2 i.e. Avtar Singh Bamwara, Senior Manager, Mechanical, Patel Infrastructure Private Limited, Barwa had appeared in the witness-box and had specifically stated that in May, 2016, about 10 aspirants had come to their office at Barwa for the post of driver, including the driver in question i.e., Shambhu Ram who had produced his driving licence and Aadhaar Card and after finding that all the documents including the driving licence were in order, he was put on a driving test on the vehicle namely Dump Truck and the trial was taken under the supervision of Sanjay Vishwakarma-Senior Supervisor Mechanical and after he was found to be perfect in driving, relevant documents were filled up and he was employed. A copy of the Operator’s Driving Test Approval Form was exhibited as Ex.RW2/1 and the copy of recruitment recommendation intimation form was also duly exhibited on record.

3. It is further submitted that Keshubhai Mohanbhai Vadaliya, Works Manager, Patel Infrastructure Private Limited had also been examined as RW3, who had also fully supported the version of the present appellant to the effect that they had followed due procedure before employing Shambhu Ram i.e. driver of the Dumper. It is submitted that on the other hand, Insurance Company (respondent No.6 in FAO-2776-2019) has not examined any person to even remotely prove that the present appellant did not take adequate steps and employed the driver knowing that he had a fake licence nor it was their plea in the written statement that the present appellant employed the driver without carrying out due