IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on:29.05.2025 Pronounced on:07.07.2025 Cholamandalam MS General Insurance Company Ltd.

....Appellant Versus Karamdeep Kaur and others .....Respondents CORAM: HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA ****

Present: Mr. Abhimanyu Batra, Advocate, for the appellant.

Mr. Abhishek Jindal, Advocate, for respondents No.1 to 5.

Mr. Ankit Chahal, Advocate, for respondents No.6 and 7.

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D EEPINDER SINGH NALWA , J. (Oral)

1. The present appeal has been preferred against the Award dated 11.11.2024 passed by the learned Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal') whereby, the claim petition filed by the claimants was allowed and a compensation of Rs.22,29,992/- was awarded.

2. The brief facts of the case are as under:

On 27.11.2022 Daman Deep Singh (deceased) was going from Pillukhera to village Kalwa by driving his motorcycle and when he reached about a distance of 2 kilometers from Police Station Pillukhera, a tractor with trolleys being driven by its driver at high speed and in a rash and negligent manner came from Kalwa side and hit the motorcycle of Daman Deep Singh. On account of the accident, Daman Deep Singh fell down and suffered grievous and serious injuries. Baljeet Singh son of Gurdayal Singh, resident of village Dhatrath reached the spot on getting information. The driver of the tractor was on the spot but on finding opportunity, he fled away from the spot with tractor trolleys. Baljeet Singh shifted Daman Deep Singh to the Civil Hospital, Jind for treatment, however the doctor declared Daman Deep Singh as dead. At the time of death of Daman Deep Singh, he was aged about 31 years.

An FIR was registered on 27.11.2022 by Baljeet Singh under Sections 279 and 304-A IPC at Police Station Pillukhera.

3. Respondent No.1 being a widow, respondents No.2 and 3 minor children of deceased Daman Deep Singh and respondents No.4 and 5 parents of Daman Deep Singh (deceased) filed a claim petition under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘Act 1988’) before learned Tribunal for grant of compensation of Rs. 1 Crore alongwith interest @ 24% per annum from the date of death of Daman Deep Singh till realization.

4. The case of the claimants was that the abovesaid accident took place due to rash and negligent driving of respondent No.6 who was the driver of the offending vehicle and respondent No.7 was the registered owner of the offending vehicle. The appellant insured the offending vehicle. The appellant as well as respondents No.6 and 7 duly filed separate written statements.

5. The stand of the appellant in the written statement was that in fact no accident took place with the offending vehicle and the offending vehicle has falsely been involved in the alleged accident. The case of the appellant-insurance company was that respondent No.6-driver did not have the valid driving licence at the time alleged accident. It was also the case of the appellant that no accident took place with the offending vehicle and further it was also the case of the appellant that an excess amount of compensation has been claimed by the claimants.

6. Respondents No.6 and 7 filed the joint written statement before the learned Tribunal and their stand was that no accident took place with the tractor bearing registration No. HR-31L-9334 on the alleged date, time and place and a false case has been registered against them.

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

1) Whether Damandeep Singh son of Baldeep Singh died in the accident, which occurred on 27.11.2022 at about 9.30 AM about 2 KM from P.S. Pillukhera within the jurisdiction of Police Station Pillukhera caused by rash and negligent driving of offending Tractor bearing registration No.HR-31L-9334 being driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3? OPP

2) If issue No.1 is proved, whether the claimants are e