(103)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on:- 04.09.2025 Pronounced on:- 11th September, 2025 Neeru Nagpal ...Appellant(s)

Versus Sunheri Devi and others ...Respondent(s)

FAO-880-1993 (O&M)

Neeru Nagpal ...Appellant(s)

Versus Raj Kumar and others ...Respondent(s)

CORAM: HON’BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Shailendra Jain, Senior Advocate, with Mr. Raghav Nagpal, Advocate, for the appellant.

Mr. Nitin Gupta, Advocate, for United India Insurance Co. Ltd.

Mr. Suvir Dewan, Advocate, for New India Assurance Co. Ltd.

* * * *

VIRINDER AGGARWAL, J.

1. The present appeals are preferred by the appellant against the award dated 30.08.1990 passed by the Motor Accident Claims Tribunal, Karnal, wherein the Tribunal directed the owner and driver of the offending vehicle/tempo to pay the half share of the compensation to claimants, and exonerated the insurer from liability as the deceased and injured were gratuitous passengers in goods vehicle. Thus, the appellant challenges this finding, seeking to fasten liability on the insurer.

2. On 1.8.1990, Hans Raj, a 24-year-old bachelor, along with Raj Kumar and other passengers, boarded a four-wheeler/tempo No. HR-05-415