215-2 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: -07.03.2025 NATIONAL INSUR. CO. LTD.

......Appellant Vs.

SONA AND ORS.

......Respondent(s)

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. R.C. Kapoor, Advocate for the appellant-Insurance Company.

Mr. Ajit Sihag, Advocate for the respondents (Driver and owner).

Mr. Tara Chand Dhanwal, Advocate for the respondent(s).

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SUDEEPTI SHARMA J.

1. The instant appeal has been preferred by the Insurance Company for setting aside the award dated 18.12.2006 passed by the learned Motor Accident Claims Tribunal, Bhiwani (for short, 'the Tribunal'), whereby, the claimant was awarded compensation and appellant/Insurance Company was held liable to pay compensation jointly and severally.

FACTS NOT IN DISPUTE

2. Brief facts of the case are that on 22.5.2005 at about 6:30 pm the claimant- Sona Devi, Ashok Kumar and Matri @ Sharda were coming back from village Kungar after finishing their work in order to go to their home in Bawanikhera in Tata 407 bearing no HR-38A-9426 alongwith one unknown person. The said vehicle was being driven by driver namely Maha Singh in a rash and negligent manner. The claimant and others occupants of the vehicle requested the driver to drive the same at a slow speed but the driver did not pay any heed to their request. When the vehicle reached near Sunrise School on Bawanikhera pur road on the turning-point, the above said vehicle all of sudden turned turtle because of rash and negligent driving of respondent no.1 and the persons travelling therein sustained fatal and serious injuries on their various parts of the body and unknown passenger travelling in the vehicle died at the spot. The claimant and remaining occupants of the vehicle were removed to General Hospital, Bhiwani, where, First Aid was given to them, but because of serious condition of the occupants, they were referred to PGIMS, Rohtak where they remained admitted. The factum of accident was reported to the police whereupon FIR No. 76 dated 23.5.2005, under Sections 279, 337, 338 & 304-A, IPC was registered against the respondent No.1 at Police Station Bawanikhera.

3. Upon notice of the claim petition, respondents appeared, filed their written reply by denying the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the following issues:-

“1. Whether the accident which occurred on 22 5 2005 causing injuries to Ashok Kumar son of Shyam Dass, Sona wife of Lila and Matri@ Sharda wife of Mahender occurred due to rash and negligent driving of respondent no 1, Maha Singh son of Jot Ram while driving TATA 407 No. HR-38A-9426, as alleged?

OPP

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

3. Whether the petitions are not maintainable in the present form? OPR

4. Whether the petitioners have no locus-standı and cause of action to file the petitions? OPR

5. Whether the insured has violated the terms and conditions of the Insurance policy, if so, to what effect? OPR

6. Whether the driver of the offending vehicle was not holding a valid driving licence on the date of accident? OPR No. 3.

7. Relief”

5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal allowed the claim-petition and appellant-Insurance Company was held liable to pay the compensation to the claimants. Hence the appellant- Insurance Company filed the present appeal for setting aside the liability to pay the compensation.

SUBMISSION OF LEARNED COUNSEL FOR THE PARTIES.

6. Learned counsel for the appellant-Insurance Company contends that the claimants were travelling as gratuitous passengers in goods carrying vehicle, therefore, learned Tribunal has erred in holding Insurance Company liable to pay the compensation to the claimants.

7. Per contra, learned counsel for the respondents submits that the award has rightly been passed. They further submits that burden of proof lies upon the appell