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FAO 1548 OF 2019(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO 1548/2019 (O&M)

Date of decision: 31/01/2023

New India Assurance Company Limited.

………………Appellant

Vs.

Satwant Singh deceased through his LRs and others

…………………Respondents

CORAM

HON’BLE MS. JUSTICE NIDHI GUPTA

Present:-

Mr.Aseem Aggarwal, Advocate for the appellant-Ins.Co.

Mr.Vivek Suri, Advocate for respondent no.1.

Nidhi Gupta, J.

Present appeal has been filed by the Insurance Company

against the Award dated 3.12.2018 passed by Motor Accident Claims

Tribunal, Ambala (hereinafter referred to as ‘the Tribunal’), whereby

compensation of Rs.44,37,456/- has been granted to the respondent/ injured-

claimant in MACP No.17/2017 filed u/s 166 of the Motor Vehicles Act.

Brief facts of the case as pleaded by the respondent-claimant

before the learned Tribunal are that on 18.11.2013 the claimant was going to

his village on the Ambala-Jagadhri Road on his motorcycle bearing

RAJINDER PARSHAD JOSHI

2023.01.31 14:25

I attest to the accuracy and

integrity of this document

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FAO 1548 OF 2019(O&M)

registration number HR-04-B-0214 and was driving on the correct left hand

side of the road at moderate speed. When he reached Rurki turn, an Alto Car

bearing registration NO. HR-01-U-1454 (hereinafter referred to as ‘the

offending vehicle’) being driven by respondent no.2 herein, in a rash and

negligent manner and at a very high speed came from the opposite side on the

extreme left side of the road and hit the motorcycle of the claimant. As a result

of the impact, the claimant fell on the road and received severe head injuries,

and remained hospitalized thereafter for a considerable period.

The learned Tribunal on appraisal of all the pleadings and

evidence placed before it concluded that the claimant had been injured in the

said roadside motor-vehicular accident that took place on 18.11.2013 due to

the rash and negligent driving of the offending vehicle by respondent No. 2,

which vehicle is owned by respondent no.3 herein, and insured by the

appellant Insurance Company. The learned Tribunal concluded that the

offending vehicle hit the motorcycle of the claimant from front by coming on

the wrong side of the road. Accordingly, the learned Tribunal assessed the

compensation payable to the claimant to be Rs.44,37,456/– along with interest

at the rate of 7.5% per annum from the date of institution of the petition till

realization. Further, the Tribunal held the appellant Insurance Company along

with the respondents No. 2 and 3 herein to be jointly and severally liable to

pay the compensation.

To assail the Award, it is submitted by the learned counsel for

the Appellant Insurance Company that the claimant is an Army personnel who

was injured in the accident in question. However, the learned Tribunal lost

sight of the fact that the respondent driver has been acquitted by the Criminal

Court. It is submitted that this proves that the was no rashness or negligence

RAJINDER PARSHAD JOSHI

2023.01.31 14:25

I attest to the accuracy and

integrity of this document

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FAO 1548 OF 2019(O&M)

on the part of the respondent driver and therefore, no liability could have been

fastened upon the appellant.

It is further submitted that the quantum of compensation is

exorbitant in the facts of the case. It is stated that the learned Tribunal was in

error in taking the disability of the claimant to be 60% as, the claimant had

not produced, nor proved any disability certificate issued by any reliable Civil

Hospital, nor had he examined any doctor in this regard. It is submitted that

in such circumstances, the learned Tribunal was in error in taking the

disability of the claimant to be 60% and awarding compensation on such basis.

It is submitted that when th