119-2 & 119-3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CH ANDIGARH Date of decision : 29.08.2025 (1) FAO-470-2023 (O&M)

Hitesh Shamrao Kohade ...Appellant Versus Manphool Singh and others ...Respondents (2) FAO-477-2023 (O&M)

Hitesh Shamrao Kohade ...Appellant Versus Naveen and another ...Respondents CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Parveen Sharma, Advocate, for Mr. Sidharth Gulati, Advocate for the appellant(s).

Mr. Satender Kumar Advocate for respondent No.3 in FAO-470-2023 and for respondent No.1 in FAO-477-2023 (through Video Conferencing).

Mr. Gopal Mittal, Advocate, for respondent No.4 in FAO-470-2023.

and for respondent No.2 in FAO-477-2023.

HARPREET KAUR JEEWAN, J. (Oral)

CM-1527-CII-2023 IN FAO-470-2023 CM-1610-CII-2023 IN FAO-477-2023 Prayer in these applications is for condonation of delay of

782 days in filing the present appeals.

Since notice of motion was ordered to be issued vide order dated 21.08.2023, as such, present applications stood impliedly allowed.

Main case(s)

1. Both the appeals, i.e. FAO-470-2023 & FAO-477-2023 have been filed by the owner of the Maruti Car bearing registration No.GA07-E-0490 (hereinafter referred to as the ‘Car’) impugning the common Award dated 14.09.2018, passed by the Motor Accident Claims Tribunal, Bhiwani (for short, ‘the Tribunal’), whereby the legal representatives of deceased Sandeep and injured Naveen have been granted compensation under Section 163-A of the Motor Vehicles Act, 1988 (for short, ‘the Act’).

1.1 Since both the appeals are arising out of a common Award, as such, taken up together for disposal. However, for brevity, facts are being taken from FAO-470-2023.

2. As per the brief facts, on 02.04.2015, Naveen was going from Goa to Vadodara while driving the Car and Sandeep was accompanying him. As per the version of Naveen, at about 9.30 a.m., when they reached in the area of Police Station Kanakvli (Khare Patel), the Car got imbalanced, slipped in the roadside and struck against a tree. Resultantly, both the occupants sustained various injuries.

Ultimately, Sandeep died on the spot.

2.1 Manphool Singh and Smt. Chameli Devi, parents of the deceased-Sandeep filed separate claim petition against the injured- Naveen, owner-Hitesh Shamrao Kohade and the Insurance Company;

whereas, Naveen-injured filed a separate claim petition seeking compensation from the owner and the insurer of the Car.

2.2 The appellant-owner of the Car was proceeded against ex parte by the Tribunal.

2.3 Both the claim petitions were allowed by the Tribunal; a common Award in favour of the injured as well as parents of the deceased was passed; and a sum of Rs.3,76,400/- was awarded to the injured-Naveen, whereas, an amount of Rs.3,60,900/- was awarded to the parents of the deceased-Sandeep. However, Out of the said amount, the Insurance Company was held liable to pay a sum of Rs.50,000/- each to the injured and parents of the deceased, whereas the rest of the liability was fastened upon the appellant-owner of the Car.

2.4 The appellant-owner of the Car has filed FAO-470-2023 against the legal representatives of the deceased and the Insurance Company; whereas, FAO-477-2023 has been filed against the injured-

claimant and the Insurance Company.

2.5 Upon notice, these appeals have been contested by the driver of the Car-Naveen, who is respondent No.3 in FAO-470-2023 and respondent No.1 in FAO-477-2023, however, parents of the deceased-Manphool and Chameli Devi, respondent Nos.1 & 2, respectively in FAO-470-2023 have not appeared, despite completion of service as per the report of the Registry submitted for 17.10.2023.

3. Learned counsel for the appellant-owner of the Car submitted that the appellant had engaged M/s Excel Packers and Movers (for short, ‘the Packers & Movers’) for shifting his household articles from Goa to Vadodara. All the articles including the Car were to be transported in a Truck bearing No.HR55-E-5842 (for short, ‘the Truck’). The appellant paid Rs.44,045/- towards packag