IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on : 26.09.2025 Date of Pronouncement : 07.11.2025 National Insurance Company Limited ......Appellant Vs.

Vikas Kumar alias Vikas Sharma alias Vikas and others ......Respondents CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present : Mr. Deepak Suri, Advocate, and Mr. Brij Bhushan Sharma, Advocate, for the appellant-Insurance Company.

None for the respondents.

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SUDEEPTI SHARMA J. (ORAL)

1. The present appeal has been preferred against the award dated 26.08.2019 passed in the claim petition filed under Sections 166 and 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Patiala (for short, ‘the Tribunal’), whereby the appellant-Insurance company was held liable to pay the compensation to the claimant/respondent No.1 to the tune of Rs.25,000/- along with interest @ 9% per annum.

BRIEF FACTS OF THE CASE

2. The brief facts of the case are that on 16.11.2014, the deceased Bijender along with conductor Pardeep and other passengers had started from the Bus Stand, Karnal, in a bus bearing registration No. HR45A-9756, which was being driven by the deceased himself (Bijender Singh). When the bus reached near Nirmal Kutia Chowk on G.T. Road, Karnal, a bus belonging to Indo Canadian Transport Company, bearing registration No. PB01A-4949, being driven by respondent No.1 in a rash and negligent manner, came from the side of Panipat and struck against the bus of the deceased. As a result thereof, the driver and the conductor of the said bus died at the spot and the passengers of both the buses sustained injuries. In this regard, FIR No.905 dated 16.11.2014 under Sections 279, 336, 337 and

304-A IPC was registered at Police Station Civil Lines, Karnal.

3. Upon notice of the claim petition, respondents appeared and contested the claim petition by filing their separate written replies and denied the factum of the accident/compensation.

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

“1. Whether the motor vehicular accident, which took place on 16.11.2014 was caused on account of rash and negligent driving of vehicle bearing registration No.PB-01A-4949 by respondent No.1 Beer Singh resulting into the death of Bijender and Pardeep Singh and damage to the Haryana Roadways Bus bearing registration No.

HR45A9756? If so, its effect? OPP

2. If issue No.1 is proved, whether the claimants are entitled to claim any compensation. If so, how much and from whom?OPP.

3. Whether respondent No.1 was driving the offending vehicle in violation of terms and conditions of policy of insurance? OPR

4. Whether the claim petition is not maintainable?

OPR

5. Whether the present claim petition has been filed by the claimants in collusion with driver and owner i.e. respondents No.1 & 2. If so, its effect?

OPR

6. Relief.”

5. In support of their pleadings, both the parties led their respective evidence.

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to claimant/respondent No.1 to the tune of Rs.25,000/- along with interest @ 9% per annum and appellant-Insurance Company was held liable to pay compensation. Hence, the present appeal.

SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES 7. Learned counsel for the appellant–Insurance Company submits that the learned Tribunal has erred in concluding that the accident in question occurred solely due to the negligence of the driver of the offending Indo-Canadian bus. It is contended that the present case involves a head-on collision between two buses, one belonging to Indo-Canadian Travels (the offending vehicle) and the other being a Haryana Roadways bus bearing registration No. HR-45-A-9756, therefore, the accident is a clear instance of contributory negligence on the part of both drivers.

It is further submitted that the learned Tribunal has failed to properly appreciate and evaluate the evidence available on record, and has arrived at its findings w