IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

235 Date of decision: 23.09.2025 FAO-3428-2017(O&M)

Bharti AXA General Insurance Company Limited ...Appellant(s)

Vs.

Suman alias Suman Lata & Others ...Respondent(s)

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CROSS OBJECTIONS NO.19-CII-2018 IN FAO-3428-2017 Bharti AXA General Insurance Company Limited ...Cross Objector(s)

Vs.

Suman alias Suman Lata & Others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Sanjeev Goyal, Advocate Mr. Aksshay Sharma, Advocate for the appellant-Insurance Company.

Mr. Sandeep Kotla, Advocate for the claimants/cross-objectors/respondents No.1 to 4.

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NIDHI GUPTA, J. FAO-3428-2017 Present appeal has been filed by the Insurance Company laying challenge to the Award dated 29.07.2016 passed by Motor Accident Claims Tribunal, Hisar (hereinafter referred to as ‘the learned Tribunal’) whereby MACT Case No.35 dated 19.05.2015 filed by the claimants/respondents No.1 to 4 herein under Section 166 of the Motor Vehicles Act (hereinafter “the Act”), has been allowed and the claimants have been awarded compensation of Rs.22,46,610/-.

CROSS OBJECTIONS NO.19-CII-2018:

Present Cross-Objections have been filed by the claimants seeking enhancement of compensation of Rs.22,46,610/- awarded by the learned Tribunal vide Award dated 29.07.2016 passed in MACT Case No.35 dated 19.05.2015 filed under Section 166 of the Act. The 4 claimants are the widow, 2 minor children, and mother of deceased Ravinder Kumar.

Both, the present Appeal and Cross-Objections are being disposed of by this common order as they arise out of the same accident dated 09.04.2015; same impugned Award dated 29.07.2016; and parties, facts and offending vehicle in both, are identical. However, each matter is individually considered on merits. For the sake of brevity, the parties are being referred to and facts are being drawn from FAO-3428-2017 titled as “Bharti AXA General Insurance Co. Ltd. Vs. Suman @ Suman Lata & Others”. 2. The ld. Tribunal upon appraisal of pleadings and oral & documentary evidence adduced before it had concluded that deceased Ravinder Kumar had died due to the injuries suffered by him in the motor vehicular accident that took place on 09.04.2015 due to the rash and negligent driving of motorcycle bearing registration No.HR-20N-5740 (hereinafter referred to as “the offending vehicle”) by respondent No.5. The offending vehicle was owned by respondent No.6 and insured by the appellant. The learned Tribunal had held the respondent No.5/driver and respondent No.6/owner of the offending vehicle liable to pay the compensation and the appellant being insurer of the offending vehicle was held liable to indemnify the respondents No.5 and 6 for this compensation. 3. The pleaded case of the claimants in the Claim Petition before the Tribunal as recorded in Para 1 of the impugned Award is as follows:-

“The present claim petition has been filed by the claimants for seeking compensation on account of death of Ravinder Kumar, who was husband of claimant no.1, father of claimants no.2 & 3 and son of claimant no.4, in a motor vehicle accident. In respect of particulars of the accident, it is stated that on 09.04.2015, Ravinder Kumar was coming from Mandi Adampur to his village Chabarwal on his motorcycle bearing registration no. HR-22F/5465. Vinod son of Indraj, resident of village Chabarwal was following him on his motorcycle. When at about 7.00 p.m., he (Ravinder Kumar) reached near Vishwas School, Mandi Adampur, a motorcycle bearing registration no. HR-20N/5740 was going ahead of the motorcycle of Ravinder Kumar, which was being driven by respondent no. 1 in rash, negligent, careless and zig, zag manner, and respondent no. 1 rashly, negligently and without giving any indication suddenly applied brakes, due to this, motorcycle of Ravinder Kumar struck into the motorcycle of respondent no. 1. Due to this impact, Ravinder Kumar fell down on the road alongwith his motorcycle and received serious, grievous and multiple inju