IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH New India Assurance Co. Ltd. ......Appellants vs.

Paramjit Kaur and ors. ......Respondents

2. FAO-6304-2014 (O&M)

New India Assurance Co. Ltd. ......Appellants vs.

Parkash Kaur and ors. ......Respondents Date of Reserve: 19.12.2025 Date of Pronouncement:28.01.2026 Uploaded on:- 30.01.2026 Whether only the operative part of the judgment is pronounced? No Whether full judgment is pronounced? Yes CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vinod Gupta, Advocate, for the appellant (s) in FAO No. 6303 and 6304-2014 and for respondent-Insurance Company in FAO No. 6128 and 8177-2014.

Mr. Sushil Saini, Advocate for the appellants in FAO No. 6128 and 8177-2014.

and respondents/claimants in FAO No. 6303 and 6304-2014.

Service of respondent No.6 (driver) in FAO No. 6303-2014 is dispensed with, vide order dated 09.07.2015.

Respondent No. 7 (owner) in FAO No. 6303-2014 ex parte vide order dated 09.07.2015.

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SUDEEPTI SHARMA J .

1. Both the appeals, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned award dated 04.03.2014 passed by the learned Motor Accidents Claim Tribunal, Tarn Taran, whereby the claimants (Paramjit Kaur and others) were awarded compensation to tune of Rs.10,12,500/- along with interest @ 6% per annum and the claimants (Parkash Kaur and others) were awarded compensation to tune of Rs.07,42,500/- along with interest @6% per annum. The Insurance company was held liable to pay the compensation to the claimants.

FACTS NOT IN DISPUTE

2. Brief facts of the case are that on 15.08.2011, deceased Balwinder Singh alias Billa along with Kashmir Singh and Lakhwinder Singh were going from their village Brahampura, towards Naushehra Pannuan in order to perform their job of Painter on their separate bicycles. At about 9.00 Α.Μ., when they reached near National Public School, Naushehra Pannuan, in the meantime a truck bearing registration no. PB-11-X-6735 came from the backside which was begin driven by respondent no. 1 in a rash and negligent manner and struck into the bicycle of Balwinder Singh and Kashmir Singh. Respondent no.1 lost his control over the said truck and hit into the trees. Due to this accident Balwinder Singh and Kashmir Singh fell down on the road and received multiple injuries and died at the spot. The said accident took place due to rash and negligent driving of respondent no.1. The matter was reported to the police and FIR No. 100 dated 15.08.2011, u/s

304-A, 279,427 IPC was registered at P.S. Sarhali.

3. Upon notice of the claim petition, respondents appeared and admitted the factum of compensation.

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

“1. Whether Balwinder Singh died in the motor vehicular accident alleged took place on 15.08.2011 in the area of near National Public School Naushehra Pannuan on account of rash and negligent driving of truck no. PB-11X-6735 by its driver l.e.

respondent no.1 Raju, as alleged ?OPP.

2. If issue no.1 is proved, whether the petitioners are entitled for compensation as prayed for, if so to hat extent ?OPP

3. Whether the present claim petition is not maintainable ?

OPR.

4. Whether the respondent no.1 Raju was not having any legal and valid driving license at the time of alleged accident ?OPR

5. Relief.”

5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants. However, the appellant-Insurance Company was held liable to pay the compensation. Hence, the present appeals.

SUBMISSION OF LEARNED COUNSEL FOR THE PARTIES.

6. Learned counsel for the appellant–Insurance Company contends that the driving licence of the driver of the offending vehicle is fake, as is evident from the verification report annexed with the memorandum of appeal. It is submitted that the said report could not be produced or proved during the trial since the evidence on behalf of the insurer had a