FAO No. 1226 of 2023(O&M)

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105 IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

FAO No. 1226 of 2023 (O&M)

Date of Decision :13.03.2023

United India Insurance Company Ltd.

... Appellant

Versus

Mamta Kaur and Ors.

... Respondents

CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.

Present:-

Mr. H.S. Dhandi,Advocate, for the appellant.

*****

SANJIV BERRY, J ( ORAL).

CM- No. 4620-CII of 2023

This is an application seeking condonation of delay of 21 days

in filing the appeal. For the reasons mentioned in the application which is

supported by an affidavit, the same is allowed, as prayed for.

CM disposed of.

FAO No. 1226 of 2023

Heard.

2.

Learned counsel for the appellant-Insurance Company has

assailed the award dated 29.10.2022 passed by learned Motor Accident

Claims Tribunal, Fatehabad whereby claim petition filed under Section 163-

A of Motor Vehicle Act by respondents No.1 to 5 herein (claimants) has

been allowed.

3.

Learned counsel for the appellant has inter alia argued that the

GYAN CHAND

2023.03.17 14:10

I attest to the accuracy and

integrity of this document

FAO No. 1226 of 2023(O&M)

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vehicle in question has been involved in the present case in connivance with

the police so as to procure compensation. He submitted that originally the

FIR was registered against unknown persons and unknown vehicle and no

eye witness had been cited. However, during investigation the police

introduced the vehicle in question allegedly driven by Chamkor Singh

(respondent No.6 herein) at the time of accident, which is stated to be owned

by Balbir Singh (respondent No. 7 herein). He submitted that all this has

been done in collusion with each other. He further submitted that even

nothing is on record as to how the police came to know about the

involvement of the vehicle in question and investigating officer very

casually had introduced the alleged vehicle during the investigation on

12.07.2019, he as such submitted that impugned award is liable to be set

aside and hence the appeal.

4.

After considering the submissions made by learned counsel for

the appellant and perusing the record, it transpires that the claim petition

under Section 163-A of Motor Vehicle Act, was filed before the Motor

Accident Claims Tribunal, Fatehabad which was contested by the insurance

company as well as driver and owner of car in question. Brief facts of the

case pleaded are that on 30.06.2019 at about 5.00 A.M. while Paramjeet

Kaur was crossing road in front of Bala Ji hotel, Khara Kheri, Fatehabad

then the offending vehicle i.e. Car PB-31-K-1488 came from Hisar side

driven by respondent No.1 and struck into her, as a result she sustained

multiple injuries. One Papi son of Sukhdev Singh, resident of village

Budhlada, District Mansa took her to Civil Hospital Fatehabad where she

GYAN CHAND

2023.03.17 14:10

I attest to the accuracy and

integrity of this document

FAO No. 1226 of 2023(O&M)

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succumbed. On his statement the police registered FIR No. 251 dated

30.06.2019 at P.S. Sadar Fatehabad.

5.

It is pleaded that the deceased was working as labourer at

₹

marriage parties and earning 3,300/- per month. The claimants being her

legal heirs and dependants were left with no income, hence the petition.

6.

Written statement was filed by respondent No.1 and 2 whereby

they denied the averments made in the claim petition being wrong and

incorrect and submitted that no accident had ever place with the vehicle in

question and they have been falsely impleaded in the petition. They admitted

that vehicle in question was insured with United India Insurance Company

vide valid policy no. 2001023118P116291893 and prayed for dismissal of

the petition.

7.

Separate written statement was filed by respondent No. 3-

Insurance Company denying the averments made in the claim petition being

wrong and incorrect. It was submitted that the petitioners have no cause of

action as no such accident took pla