FAO-62-2021 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO-62-2021 (O&M)

Date of decision : 06.10.2021

New India Assurance Company Ltd.

....Appellant(s)

Versus

Deepak Singh and others

....Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Harsh Aggarwal, Advocate,

for the appellant.

MAHABIR SINGH SINDHU, J.

Present appeal has been filed by the insurance company under

Section 173 of the Motor Vehicles Act, 1988 (for short 'Act') against the

impugned Award dated 06.12.2019, passed by learned Motor Accident

Claims Tribunal, Panchkula (for short 'Tribunal').

Claim petition was filed under Section 163-A of the Act by

claimant/respondent Nos.1 & 2 on account of death of their father, namely,

Mohinder Singh, hereinafter “deceased”.

Learned Tribunal, after taking into consideration the material

available on record granted compensation to the tune of `5,00,000/- (Rupees

five lakh only) along with interest at the rate of 7.5% per annum from the

date of filing of the petition till its realization.

Aggrieved against the above award, present appeal has been

preferred.

Learned counsel for the appellant raised solitary contention to

ATUL SETHI

2021.10.14 18:16

I attest to the accuracy and

authenticity of this document

FAO-62-2021 (O&M)

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the effect that driver-Kuldeep Singh (respondent No.3) was not holding a

valid licence for the motor-cycle, therefore, the impugned award is not

legally sustainable.

Heard learned counsel for the appellant and perused the paper-

book.

It transpires that on 07.12.2018, deceased was travelling as a

pillion rider on motor-cycle bearing registration No.PB-65-AF-7803, from

Pinjore to Village Dhamala, Tehsil Kalka, District Panchkula along with

respondent No.3. When they reached near Pooja Sweets, Model Town,

Pinjore, all of a sudden, stray dog came in front of the motor-cycle and in

order to save it, respondent No.3 lost control over the motor-cycle.

Resultantly, motor-cycle struck against the dog and both of them fell down

on the road. Mohinder Singh (deceased) suffered severe and grievous

injuries all over his body including multiple fractures. Soon after the

accident, he was taken to Civil Hospital, Sector-6, Panchkula, and after

giving first aid, referred to PGIMER, Chandigarh, but could not survive and

died on 09.12.2018.

Learned Tribunal while deciding issue No.3 in para Nos.22 &

23 of the impugned award came to the following conclusions:-

“22. It is an admitted fact that the offending vehicle i.e.

motor-cycle bearing registration No.PB-65-AF-7803

was insured with respondent No.3 as is clear from

insurance policies Ex.R-3/Ex.RX and the vehicle was

insured from 17.02.2018 to 16.02.2019. The accident

occurred on 07.12.2018. Hence, the offending vehicle

was insured with respondent No.3 on the day of accident.

Ex.R-1 is the notarized copy of driving licence of

ATUL SETHI

2021.10.14 18:16

I attest to the accuracy and

authenticity of this document

FAO-62-2021 (O&M)

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respondent No.1 whereby respondent No.1 Kuldeep

Singh was authorized to drive LMV-TR and same was

issued on 12 January, 2007 and is valid till 04 June,

2021. Notarized copy of registration certificate Ex.R-2

shows that respondent No.2 Kamal Preet Singh S/o Shri

Balraj singh is the registered owner of the vehicle i.e.

motor-cycle bearing registration No.PB-65-AF-7803.

23.

Burden to prove this issue was on respondent No.3

and to prove this issue, insurance company examined

Ms. Shilagha, Sub-Inspector, from the office of RTO,

Panchkula as RW-1, who has brought the summoned

record pertaining to driving license of Kuldeep Singh

bearing DL No.HR-6820070015734 issued on

12.01.2007 and was valid from 12.01.2007 to

10.01.2010 and valid for driving the motor-cycle, car,

Jeep and LTV only. She further deposed that the said

driving license was renewed on 24.08.2010 to

10.01.2013 and again renewed on 11.05.2013 to

09.01.2016 and