REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9581 OF 2018 (Arising out of SLP (Civil) No. 3192 of 2018)

Magma General Insurance Co. Ltd. …Appellant Versus Nanu Ram Alias Chuhru Ram & Ors. …Respondents

J U D G M E N T

INDU MALHOTRA, J.

Leave granted.

1. This Special Leave Petition has been filed by the Insurance Company to challenge the compensation awarded on certain counts by the Punjab & Haryana High Court in FAO No. 6943 of 2015 dated 27.09.2017, to be contrary to the Constitution Bench judgment in National Insurance Co. Ltd. v. Pranay Sethi.1

2. The factual matrix of the present case, briefly stated, are as

Signature Not Verified under: Digitally signed by R

NATARAJAN Date: 2018.09.18

16:44:44 IST Reason:

1 (2017) 16 SCC 680

On 01.12.2013, the deceased was riding his motorcycle (Registration No. HR-71B-7681) from Ambli Village to Arjun Majra Village. A relative of the deceased –Mr. Rakesh Kumar was following him on a separate motorcycle on the Sadhaura- Naraingarh Road. A Renault car bearing Registration No. HR-02- AB-4646 driven by Respondent No.3, came from the side, and hit the motorcycle driven by the deceased. The accident was witnessed by Mr