IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ORIENTAL INSURANCE COMPANY LIMITED ..Appellant Versus MANJINDER SINGH AND ORS.

..Respondents Reserved on: 23.03.2026 Pronounced on: 08.05.2026 Uploaded on : 11.05.2026 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. Ashwani Talwar, Sr. Advocate with Ms. Pratiksha Sharma, Advocate for the appellant-Insurance Company.

Ms. Jasdeep Kaur, Advocate for Mr. V.S. Saini, Advocate for respondent No.1.

Mr. Ashish Gupta, Advocate for Mr. Kapil Aggarwal, Advocate for respondents No.2 and 3. SUDEEPTI SHARMA, J.

1. The present appeal has been filed by the appellant-Insurance company against the award dated 05.12.2011 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal'), wherein the claim petition filed by the claimants was allowed and appellant-Insurance company was made liable to pay the compensation.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 15.02.2009, at about 8pm, claimant was sitting in a Skoda Car bearing registration No. PB-11-AK-47, which was driven by Harminder Singh and they were going from Fatehgarh Sahib to SAS Nagar, Mohali. When the said Skoda car reached in front of Chuni Bus Stand, then a truck bearing registration No. PB-65-E-6755 driven by respondent No.1 without giving any indicator moved the truck to backward, as a result of which, it struck with the Skoda car in which the claimant was sitting and due to the said impact, the claimant sustained multiple injuries on his body which caused permanent disability. He was taken to IVY hospital for treatment and remained admitted there. The accident took place due to rash and negligent driving of respondent No. 1, who without giving any indicator reversed his truck on the main road. A criminal case was registered against him. It is alleged that after the accident, he was initially admitted in IVY Hospital, Sector 71, Mohali and thereafter, he was taken to solver Oaks Hospital, Phase IX, Sector 63, Mohali, where he was operated on 17.02.2009 by Dr. prof. V K Kak. On 14.03.2009, he was got discharged from the said hospital. Thereafter, he is under treatment in the Sang hospital, Ropar till date and has not recovered. He had spent more tha Rs. 10,00,000/-on the treatment. Due to the said accident, he has suffered multiple fracture i.e. of CV5 and CV6 with cervical cord, as a result of which he has suffered permanent disability. He is not able to do any work. He has become a burden on others. He is claiming compensation to the tune of Rs. 60,00,000/- on various heads which includes compensation for medical treatment, pain and suffering, future loss of earnings, loss of enjoyment of life etc.

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

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

“(1) Whether claimant sustained injuries in an accident, which took place on 15.02.2009 in the area of District Fatehgarh Sahib due to rash and negligent driving of Truck No. PB- 65- 6755 by its driver-respondent No.1, owned by respondent No.2 and insured by respondent No. 3? OPP.

(2) Whether the claimant is entitled to any compensation as compensation, if so how much and from whom? OPP.

(3) Whether respondent NO.1 was not holding a valid licence at the time of accident, if so, its effect? OPR3.

(4) Relief.”

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

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants.

Hence, the present appeal.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES:

7. Learned counsel for the appellant–Insurance Company cont