104

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO No.1020 of 2020 (O&M)

DATE OF DECISION : 13.09.2022

United India Insurance Company Limited

…..Appellant

versus

Seema and Others

.....Respondents

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present :

Mr. D.P. Gupta, Advocate for the appellant

,,

ALKA SARIN, J. (Oral)

The present appeal has been preferred against the award

dated 22.10.2019 passed by the Motor Accident Claims Tribunal, Hisar.

The brief facts relevant to the present lis are that on

22.12.2017 Upender son of Rajender Singh had gone to Gurugram in

connection with some personal work and after completing his work he

was returning to Rohtak in his Ford Figo car bearing registration

No.HR12T-8407. At about 1.00 am (midnight) after crossing the chowk

of Village Jahangirpur on Gurugram-Jhajjar Road he was going towards

Jhajjar side, a Swift car bearing registration No.HR-80B-6688 was also

PARKASH CHAND

2022.09.15 11:47

I attest to the accuracy and

authenticity of this order/judgment.

FAO No.1020 of 2020

- 2 -

going ahead of his car and a truck was coming from Badli side and going

towards Jhajjar side. The driver of the truck in order to stop his truck by

the side of the road suddenly turned his truck towards left side, as a

result of which the truck struck the Swift car from behind on the driver

side. After causing the accident, the driver of the truck ran away from

the spot. Upender chased the said truck and tried to stop the truck. The

driver of the truck did not stop his truck, Upender noted the registration

number of the truck as HR-61B-1169. Thereafter, Upender reached the

place of the accident and saw that the driver of the car was stuck in the

car on his seat. With the help of passers-by, the injured was taken to the

Civil Hospital, Jhajjar. On enquiry, the injured disclosed his name as

Radhey Shyam and thereafter the relatives of Radhey Shyam were

informed. During treatment Radhey Shyam succumbed to his injuries.

The legal heirs of deceased Radhey Shyam filed the present claim

petition alleging that the accident took place due to the rash and

negligent driving of the truck bearing registration No.HR-61B-1169. FIR

No.1110 dated 22.12.2017 was registered under Sections 279 and 304-A

of the Indian Penal Code, 1860 at Police Station Jhajjar against

respondent No.4 herein on the statement of Upender.

A claim petition was filed by the claimants/respondent

Nos.1 to 3 herein. It was averred in the claim petition that the deceased

was 31 years of age and was earning Rs.60,147/- per month as he was

serving in JCB India, Headquarter Plant at Ballabgarh in the Grade of

DM. The claim petition was contested by the driver and the owner,

PARKASH CHAND

2022.09.15 11:47

I attest to the accuracy and

authenticity of this order/judgment.

FAO No.1020 of 2020

- 3 -

respondent Nos.1 and 2 before the Tribunal, by filing a joint written

statement wherein it was averred that no cause of action had arisen and

that the claim petition was bad for mis-joinder and non-joinder of

necessary parties. The factum of the accident was denied. It was further

submitted that the driver of the truck (respondent No.4 herein) was

having a valid and effective driving licence and the truck was insured

with the United India Insurance Company Limited. The Insurance

Company also contested the claim petition by taking the usual pleas.

Additionally, the factum of the accident was also denied.

The Tribunal, on the basis of the pleadings of the parties and

the evidence led, awarded a compensation of Rs.92,34,896/- to the

claimants-respondent Nos.1 to 3 herein. Aggrieved by the said award,

the present appeal has been preferred by the Insurance Company.

Learned counsel for the appellant would contend that the

accident took place due to the negligence of the deceased in as much as

he did not mai