IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on 28.08.2025 Pronounced on 12.11.2025 Sheela Devi and others ...Appellants Versus Ashwani Kumar and others ...Respondents CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Sanjay Majithia, Senior Advocate with Mr. Sumit Sinha, Advocate, for the appellants.

Mr. Sanjeev Sharma, Advocate, for respondent Nos.1 and 2.

Mr. Neeraj Khanna, Advocate, for Mr. Ravinder Arora, Advocate, for respondent No.3-United India Insurance Co. Ltd.

HARPREET KAUR JEEWAN, J.

1. The appellant-claimants have preferred the present appeal, aggrieved against the dismissal of their claim petition by the Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as ‘the Tribunal’), vide impugned Award dated 07.06.2000.

2. The facts, in brief, are as under:-

2.1 The claimants, who are the widow, children and mother of Sandhya Dass, sought compensation regarding the death of Sandhya Dass (since deceased), in a motor accident. As per the version of the claimants, deceased was serving as a driver of the truck bearing registration No.PB-07-C-5277 (hereinafter referred to as ‘the truck’), which is owned by Ashwani Kumar-respondent No.1. On the night intervening 19/20 July, 1997, deceased along with his co-driver, Nasha Ram, respondent No.2 was coming from Jalandhar to Hoshiarpur, after unloading wooden pillars at Jalandhar. At the relevant time, Nasha Ram was driving the truck, whereas the deceased was sitting beside him as a co-driver. The truck was plying in the area of Village Lamme Pind Chowk and meanwhile, the deceased alighted from the truck to attend the call of nature. While the deceased was again boarding the truck after easing, the driver immediately drove the truck at a fast speed. Resultantly, the deceased fell on the road and was crushed under the rear wheels of the truck. The deceased ultimately succumbed to the injuries at the spot. The occurrence was witnessed by one Subhash Chand, AW-4.

2.2 A DDR bearing No.6/8 dated 20.07.1997 was registered at the instance of SPO Vijay Kumar at Police Station Division No.8, Jalandhar and on the basis of said DDR, FIR No.90 dated 20.07.1997 (Ex.A-1) was registered in the concerned Police Station. As per the version in the said FIR, the informant Vijay Kumar was on patrol duty. At about 7.30 a.m., when he reached Lamme Pind Chowk, he found the body of an unknown person on the road; the head was crushed, appearing that an unknown vehicle had crushed the body.

2.3 It is the version of the claimants that the FIR was not properly registered as Nasha Ram, driver-respondent no.2 is the relative of the deceased.

2.4 Postmortem examination of the dead body was conducted at Civil Hospital, Jalandhar.

2.5 It is the case of the claimants that earlier, owner of the truck assured to compensate, but he did not; as such after the accident, the claimants had developed strained relationship with the driver of the vehicle and ultimately, they lodged the claim petition before the Tribunal.

2.6 Respondent no.1-owner of the truck contested the petition by filing written statement, taking a plea that it was a case of hit and run. It was denied that the truck was involved in the accident. It was also denied that Nasha Ram-respondent no.2 was the driver of the aforesaid truck. 2.7 Separate written statement on behalf of respondent No.2-driver of the truck was filed. It was admitted that at the time of the accident, the deceased along with respondent no.2 was coming from Jalandhar to Hoshiarpur, however it was alleged that the deceased took liquor in a heavy quantity on the previous night, and he was still in a drunken condition at the time of the occurrence. The deceased was sitting in the cabin of the vehicle. He tried to alight from the moving vehicle and respondent No.2 tried to stop the deceased from doing so. Ultimately, he fell on the road while opening the door of the cabin. Due to the impact, the deceased died on the spot. A specific plea was taken that th