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