IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:04.12.2025 M/s Royal Sundaram General Insurance Company Limited ..Appellant Versus Smt. Bina Devi and others ..Respondents CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Abhinav Singla, Advocate for the appellant MANDEEP PANNU, J.

1. The present First Appeal Against Order has been filed by the appellant–M/s Royal Sundaram General Insurance Company Limited assailing the award dated 30.07.2025 passed by the learned Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as ‘Tribunal’) whereby the claim petition filed by the claimants/respondents No.1 to 4 has been allowed and compensation to the tune of Rs.32,27,500/- alongwith interest @ 9% per annum from the date of filing of the claim petition till realization has been awarded against the appellant as well as the driver and owner of the offending vehicle.

2. The claim petition was instituted under Section 166 of the Motor Vehicles Act, 1988 by the claimants namely Smt.Bina Devi (widow) and her three minor children, on account of death of her husband- Sh.Imrat Lal, who was aged 38 years at the time of his death in a motor vehicular accident, which took place on 03.06.2022.

3. The case set up by the claimants was that on 03.06.2022 at about 2:00 am, near Rampura Flyover, P.S.Khedki Daula, Gurugram, Sh.Imrat Lal, while returning from night duty, where he was employed as Clerk/Loading Representative (Munshi) in M/s OSL Logistics Pvt. Ltd., met with an accident. He was pillion rider on motorcycle bearing registration No.HR-51-BY-2643, which was being driven by his colleague Bijender. Their motorcycle was hit by a speeding car bearing registration No. DL-01CZ-7439, in a rash and negligent manner. Both the motorcyclists suffer injuries in the accident. They were taken to hospital at Gurugram, by other employees from the Company, who reached the spot after the accident. Sh.Imrat Lal was declared as brought dead by the hospital. FIR No.226 dated 03.06.2022 was registered by Sh.Mahavir on account of death of his brother. The deceased was survived by his wife and children (claimants) and he was claimed to be earning Rs.15,000/- per month by working as Clerk in M/s OSL Logistics Pvt.

Ltd.

4. Notice of the petition was given to the respondents. Driver and owner of the offending vehicle denied the accident. Insurer of the offending vehicle i.e appellant herein, pleaded that it was a hit and run case as the alleged accident had taken place with an unidentified vehicle. It was further pleaded on behalf of the Insurance Company that claim petition has been filed in collusion with owner and driver merely to take compensation amount. It was also averred that driver of the motorcycle himself was driving in a rash and negligent manner.

5. On the basis of the pleadings of the parties, the learned Tribunal framed the following issues for adjudication:-

1. Whether respondent no.1 caused the accident in question on 03.06.2022 by driving the vehicle bearing registration no. DL-1CZ-7439 in rash and negligent manner and Imrat Lal (husband of the petitioner no.1 and father of petitioner no.2 to 4) died due to the injuries sustained in the said accident?OPP.

2. Whether the petitioners are entitled to compensation, if so, how much amount and from whom? OPP.

3. Whether the respondent no.1 was driving the offending vehicle in violation of the Insurance Policy, if so, its effect? OPR3.

4. Whether the Tribunal has no jurisdiction to entertain and decide the Claim Petition? OPR3.

5. Relief.”

6. The Tribunal came to the conclusion that accident has taken place due to rash and negligent driving of vehicle bearing registration no. DL-1CZ-7439 and claimants were held entitled to compensation of Rs.32,27,500/-. Feeling aggrieved by the said order, the Insurance Company has filed the present appeal.

7. Learned counsel for the appellant-Insurance Company has argued that alleged accident had taken place with an unidentified vehicle, being a hi