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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 30.09.2026 National Insurance Company Limited ..... Appellant Versus Anju Gulati and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER *****

Present: Mr. Harjinder Singh, Advocate, for the appellant.

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HARSH BUNGER J. (ORAL)

1. This is an appeal filed on behalf of the Insurance Company challenging the award dated 15.07.2026 passed by the learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as the “Tribunal”) passed in MACP No.151 of 2024 filed by respondents No.1 and 2/claimants on account of death of Shri Munish Kumar Gulati in a motor vehicular accident.

2. Briefly, respondents No.1 and 2/claimants filed a claim petition under Sections 140/166 of the Motor Vehicles Act, 1988 (in short the “1988 Act”) seeking compensation on account of death of Shri Munish Kumar Gulati in a road accident on the plea that on 08.03.2024, Shri Munish Kumar Gulati was coming from Delhi to his village Rasulpur while driving his car bearing registration No. HR-71A-4111 at a moderate speed and on correct left hand side of the road. At about 04.30 AM, when he reached near Shivalik College in the area of village Binjalpur, Mullana, District Ambala, another car bearing registration No.HR-97-6298 (hereinafter referred to as the “offending vehicle”) came from behind at a very high speed, which was being driven by Shiv Kumar (respondent No.4 herein) in a rash and negligent manner, hit the car of Shri Munish Kumar Gulati without blowing any horn. Due to the said impact of accident, Shri Munish Kumar Gulati lost the balance over his car, which hit a tree after going on the side of the road. Resultantly, Shri Munish Kumar Gulati received multiple, serious and grievous injuries and he was shifted to the MMIMSR Mullana. A case FIR No.33 dated 08.03.2024, under Sections 279 and 304A IPC was registered at Police Station Mullana, District Ambala. Accordingly, the aforesaid claim petition was filed by the claimants before the learned Tribunal.

3. Upon notice being issued by the learned Tribunal, the owner of the car, namely, Shri Narinder Kumar, filed a written statement opposing the claim of the claimants by taking various preliminary objections. On merits, he pleaded that no accident took place with the car in question and that a false FIR had been registered in connivance with the police. He stated that no accident was caused by Shiv Kumar (driver), while driving the car in question. The other averments of the claim petition were denied and prayer for dismissal of the petition was made.

4. Similarly, respondent No. 4 herein, Shiv Kumar (driver), also filed a separate written statement denying the factum of accident and stating that a false FIR had been registered against him in collusion with the police. He also denied the contents of the claim petition and prayed for dismissal of the same.

5. The present appellant-insurance company also opposed the claim petition by filing a separate written statement, denying the involvement of the car in question in the accident and also by taking a plea that the accident took place due to the sole negligence of the deceased himself. It was also pleaded that the offending vehicle was being driven by Shiv Kumar without a valid and effective driving licence, registration certificate and other requisite documents, in violation of law. The other averments of the claim petition were also denied and a prayer for dismissal of the petition was made.

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

“1. Whether Munish Kumar Gulati died in the accident which occurred on 08.03.2024 at about 04.30 AM, in the area of village Binjalpur, P.O. Mullana, District Ambala, caused by rash and negligent driving of offending car bearing registration no.HR-97-6298 being owned by respondent no.1 Narinder Kumar, insured with respondent no.2 and being driven by respondent no.3 Shiv