IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

249 Date of decision: 27.10.2025 FAO-2987-2020(O&M)

Bajaj Allianz General Insurance Company Ltd.

...Appellant(s)

Vs.

Nirmala Devi & Others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Sandeep Suri, Advocate Mr. Divyam Suri, Advocate Mr. Samarth Suri, Advocate for the appellant/Insurance Company.

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NIDHI GUPTA, J.

Present appeal has been filed by the Insurance Company against the Award dated 29.01.2020 passed by Motor Accident Claims Tribunal, Kapurthala (hereinafter referred to as ‘the learned Tribunal’) whereby Claim Petition No.64 dated 18.09.2017 filed by the claimant/respondent No.1, under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’), has been allowed and compensation of Rs.10,77,040/- has been awarded. The sole claimant/respondent No.1 is the 68-year-old widow of deceased Bhagwan Dass. Proforma Respondents No.4 to 8 herein were the pro-forma respondents before the Tribunal who are the major married children of the deceased. As such, the said respondents were held not entitled to compensation, but were awarded Rs.50,000/- each.

2. Brief facts of the case are that the learned Tribunal upon appraisal of pleadings and oral & documentary evidence adduced by the parties concluded that the deceased Bhagwan Dass had died due to the injuries suffered by him in a motor vehicular accident that took place on 03.07.2017 due to the rash and negligent driving of tractor trolley bearing registration No.PB-08-CB-3067 (referred to herein as “the offending vehicle”) being driven by respondent No.2, owned by respondent No.3 and insured by the appellant. The aforesaid compensation has been awarded along with interest @ 6% per annum. The respondents No.2 and 3 and the appellant were held jointly and severally liable to pay the compensation.

3. The pleaded case of the claimant in the Claim Petition before the Tribunal as recorded in Para 1 of the impugned Award is as follows:-

“1. Nirmala Devi, claimant, claiming her 'to be the widow, of deceased Bhagwan Dass, performa respondent No.4,7 and 8 being married daughters, and performa respondent No.5 and 6 being sons of deceased Bhagwan Dass, has brought this petition, under section 166 of the Motor Vehicles Act, 1988 (in short the 'Act), against the respondents No.1 to 3. It is averred that Bhagwan Dass was 70 years of age at the time of his death. After retirement, Bhagwan Dass was running dairy farm in village Madhopur. He was earning Rs.72,000/-per month from his pension and diary farming (Rs.22426/- per month as pension + Rs.50,000/- per month from diary farming). Claimant was totally dependent upon him. Bhagwan Dass (deceased) was keeping good health at the time of his death in a motor vehicle accident. On 03.07.2017, Bhagwan Dass (deceased) alongwith his son Jagjiwan Kumar (performa respondent No.4) were going to Kapurthala from their village Madhopur Jallowal on their motorcycle bearing registration No. PB09-Q-1080 make Platina. Bhagwan Dass was driving the motorcycle at a very slow speed on correct side of the road by observing the traffic rules and, at about 9.00 a.m. when they reached near the turning point of village Ariyanwal, on Kapurthala - Nathu Chahal road in the area of village Nathu Chahal, near Bus stop village Nathu Chahal, then one tractor trolley escorts bearing registration No.PB08-CB-3067, being driven by respondent No.1 in rash and negligent manner at a very high speed, came from the link road i.e. from the left hand side of deceased in order to approach the main Nathu Chahal-Kapurthala road and, struck against motorcycle being driven by Bhagwan Dass (deceased). Respondent No.1. took his tractor trolley on the main road without observing the traffic/vehicles moving on the main Nathu Chahal-Kapurthala road by driving his tractor trolley in a rash and negligent manner, at a very high speed without blowing horn. Due to the said accident, Bhagwan Dass died at the spot