IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 17.03.2025 Reliance General Insurance Co. Ltd. ....Appellant VERSUS Nirmal Sharma and others ....Respondents CORAM : HON’BLE MRS. JUSTICE ALKA SARIN Present : Mr. Sunil Kumar, Advocate for the appellant.

ALKA SARIN, J. (Oral)

1. Present appeal has been filed by the Insurance Company challenging the award dated 01.09.2023 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as the ‘Tribunal’).

2. The brief facts relevant to the present case are that in the accident, which occurred on 04.11.2020, Vivek (hereinafter referred to as the ‘deceased’) alongwith his friends, namely, Vijay and Rajesh Kumar was coming from Cheeka towards Pehowa on a motorcycle bearing registration No.HR-41-F-9604, which was being driven by Vijay at a moderate speed and on his correct left side of the road. Deceased – Vivek – and Rajesh Kumar were pillion rider on the said motorcycle. At about 11.30 pm, when they reached near Sachdeva Farm in the area of village Saina Saidan, a Canter bearing registration No.HR-56-B-6041 (hereinafter referred to as the ‘offending vehicle’) came from the opposite side at a very fast speed, which was being driven in a rash and negligent manner by respondent No.4 herein. Though, Vijay moved to the extreme left side of the road, however, the offending vehicle struck against the motorcycle by coming on to the wrong side of the road as a result of which the occupants of the motorcycle fell down and received serious and grievous injuries. Vijay died at the spot whereas Rajesh Kumar and Vivek were shifted to CHC Pehowa from where Vivek was referred to LNJP Hospital, Kurukshetra where he also succumbed to his injuries. Legal representatives of deceased – Vivek – filed the claim petition being MACP No.3 of 2021 titled ‘Nirmal Sharma and Others vs.

Satpal and Others’.

3. The stand taken by the driver and owner of the offending vehicle i.e. respondent Nos.4 and 5 herein by filing their joint written statement was that no accident had taken place and that they had falsely been implicated in the present case. It was further averred that the offending vehicle was insured with the appellant-Insurance Company.

4. The appellant-Insurance Company also filed a separate written statement denying the factum of the accident. It was further averred that respondent No.4 was not driving the offending vehicle rashly and negligently. It was further the case set up that the accident occurred due to the fault of Vijay, who was driving the motorcycle in a rash and negligent manner in violation of the rules as they were triple riding the two-wheeler.

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

1. Whether Vijay and Vivek died in the accident which occurred on 04.11.2020 at about 11.30 pm in the area of PS Pehowa, District Kurukshetra caused by rash and negligent driving of offending canter bearing registration No.HR-56B-6041 being driven by respondent No.1 Satpal, owned by respondent No.2 Naresh Kumar and insured with respondent No.3 ? OPP 2. If issue No.1 is proved in affirmative, what amount of compensation, petitioners Nilam Rani, etc. are entitled to on account of death of Vijay and from whom ? OPP

3. If issue No.1 is proved in affirmative, what amount of compensation, petitioners Nirmal Sharma, etc. are entitled to on account of death of Vivek and from whom ? OPP

4. Whether the Canter in question was being driven in violation of the terms and conditions of the insurance policy ? If so, to what effect ? OPR-3

5. Relief.

6. The Tribunal, holding it to be a case of rash and negligent driving, awarded the following compensation :

Sr. No. Heads Compensation Awarded