IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3745-2018 (O&M) Reserved on : 26.05.2025 Pronounced on : 01.07.2025 HARPREET SINGH .... Appellant VERSUS ORIENTAL INSURANCE CO. LTD. AND ANR .... Respondents AND FAO-1431-2018 (O&M)

XOBJC-135-CII-2018 ORIENTAL INSURANCE CO. LTD. …. Appellant VERSUS TANVIR SINGH AND ORS .... Respondents CORAM : HON’BLE MRS. JUSTICE ALKA SARIN Present : Mr. Ajay Kumar Sharma, Advocate for the appellant in FAO-3745-2018 for respondent No.3 in FAO-1431-2018.

Mr. Amit Jaswal, Advocate for respondent No.1 in FAO-3745-2018 for the appellant in FAO-1431-2018.

Mr. Ashwani Arora, Advocate and Mr. Vipul Sharma, Advocate for respondent No.2 in FAO-3745-2018 for respondent No.1 in FAO-1431-2018 and for the cross-objector in XOBJC-135-CII-2018.

Service of respondent No.2 dispensed with vide order dated 29.09.2022 in FAO-1431-2018.

ALKA SARIN, J.

CM-13111-CII-2018 in FAO-3745-2018

1. This is an application for condonation of delay of 70 days in filing the main appeal being FAO-3745-2018.

2. For the reasons stated in the application, the same is allowed and the delay of 70 days in filing the main appeal being FAO-3745-2018 is condoned.

FAO-3745-2018, FAO-1431-2018 and XOBJC-135-CII-2018

3. The present order shall dispose off the above noted two appeals being FAO-3745-2018 preferred by the owner of the offending vehicle and FAO-1431-2018 preferred by the Oriental Insurance Company Limited and the cross-objections therein being XOBJC-135-CII-2018 preferred by the claimant aggrieved by the award dated 20.12.2017 passed by the Motor Accident Claims Tribunal, SAS Nagar Mohali (hereinafter referred to as the ‘Tribunal’). The parties are being referred to as the owner, the driver, the claimant and the insurance company for the sake of clarity.

4. The present appeals and the cross objections have arisen out of the impugned award dated 20.12.2017 passed by the Tribunal. The case, as set up by the claimant, was that on 23.10.2015 the claimant was going to Chunni for his work on his motorcycle bearing registration No.PB-65-G- 3372 at a slow speed and on the correct side of the road. At about 9 am when he reached near National Public School, Kurali, a truck bearing registration No.HR-63-A-0852 (offending vehicle) came from the opposite side, which was being driven by the driver at a high speed and in a rash and negligent manner. When the driver of the offending vehicle tried to overtake a vehicle, it came on the wrong side and struck against the motorcycle of the claimant from the front. Due to the impact, the claimant fell on the ground and suffered multiple and grievous injuries. He was taken to Civil Hospital, Kurali from where he was shifted to PGIMER, Chandigarh where his right leg, above the knee, was amputated.

5. On notice, only the insurance company appeared and contested the claim petition whereas the driver and the owner opted not to contest the claim petition and were proceeded against ex parte. Preliminary objections were raised by the insurance company qua maintainability, cause of action and that the driver was not holding an effective and valid driving licence.

6. From the pleadings of the parties, the following issues were framed :

1. Whether the petitioner suffered serious injuries in the motor vehicle accident dated 23.10.2015 on account of rash and negligent driving of vehicle No.HR-63-A-

0852 by the respondent No.1 Ajaib Singh ? OPP

2. Whether the petitioner is entitled to compensation on account of injuries suffered by him, if so, to what amount and from whom ? OPP

3. Whether the respondent No.1 was not holding a valid and effective driving licence at the time of accident ? OPR-3

4. Whether the respondent No.2 has violated the terms and conditions of the insurance policy, if so, to what effect ? OPR-3

5. Whether the claim petition is not maintainable ?

OPR

6. Relief.

7. The Tribunal awarded the following compensation :

The insurance company was granted recovery rights against the driver and the owner. Aggrieved by