2023:PHHC:122494

FAO-2816-2023 (O&M)

-1-

123

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-2816-2023 (O&M)

DECIDED ON: 15.09.2023

M/S AGRO ENGINEERING WORKS AND ANR.

…..APPELLANTS

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND ORS.

.....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL.

Present:

Mr. V.B. Aggarwal, Advocate

for the appellants.

VIKRAM AGGARWAL, J (ORAL)

CM-10133-CII-2023

Prayer in the present application is for condonation of delay of

240 days in filing the present appeal.

For the reasons mentioned in the application, which is duly

supported by an affidavit of Director/Proprietor of M/s Agro Engineering

Works, the same is allowed and the delay of 240 days in filing the appeal is

condoned.

FAO-2816-2023

1.

The present appeal lays challenge to the award dated 26.04.2022

passed by the Motor Accident Claims Tribunal, Faridabad (hereinafter

referred to as the ‘MACT’) vide which the claim petition filed by the

respondents No.2 to 6 (hereinafter referred to as the ‘claimants’) for the grant

of compensation of ₹3,00,00,000/- on account of the death of one Rohit Sahal

in a motor vehicular accident which took place on 30.03.2018 was partly

allowed and the compensation of ₹1,86,38,000/- alongwith interest @ 9% per

PRINCE CHAWLA

2023.09.20 16:20

I attest to the accuracy and

integrity of this document

2023:PHHC:122494

FAO-2816-2023 (O&M)

-2-

annum was granted.

2.

Since the vehicle was found to be plying without a valid route

permit, the liability of paying the awarded amount was held to be that of the

present appellants. However, the insurance company (respondent No.1) was

directed to satisfy the award in the first instance and a right was given to the

insurance company to recover the awarded amount from the present

appellants alongwith interest @ 6% per annum,

3.

The case set up by the claimants was that Rohit Sahal, who was

35 years old at the relevant time and was employed as a Manager in M/s RBS

Services India Private Limited, Gurugram, alongwith his brother Ashish Sahal

went on 30.03.2018 at about 5:00 pm to meet his friend in Sector 86, Greater

Faridabad. While on his way back, he was accompanied by his friend Vikas

Kathuria. He was travelling in Wagon-R Car bearing registration No. HR29-

AM-4883 and his brother Ashish Sahal was following them in a separate

vehicle. It was averred that Rohit Sahal was driving his vehicle at a moderate

speed on the correct side of the road. At about 12:15 am, on the intervening

night of 30.03.2018 and 31.03.2018, when the duo reached near Escorts Plant,

Sector 12, Faridabad, a vehicle make Tata 407 bearing registration No.HR38-

M-5468 (hereinafter referred to as the ‘offending vehicle’) which was being

driven by appellant No.2 in a rash and negligent manner came to the wrong

side and struck against the Wagon -R car. The car also got damaged and both

Rohit Sahal and Vikas Kathuria suffered injuries. They were taken initially to

Park Hospital. Keeping in view the serious condition of Rohit Sahal, he was

taken to B.K. Hospital where he was declared dead. On the statement of

Ashish Sahal, FIR No.343 dated 31.03.2018 was registered under Sections

279, 337 and 304-A IPC at Police Station Central Faridabad. It was the case of

PRINCE CHAWLA

2023.09.20 16:20

I attest to the accuracy and

integrity of this document

2023:PHHC:122494

FAO-2816-2023 (O&M)

-3-

the claimants that the accident, as a result of which Rohit Sahal had expired,

had taken place on account of the rash and negligent driving of the offending

vehicle by respondent No.1.

4.

Rohit Sahal was stated to be drawing a salary and other perks

amounting to ₹1,10,000/- per month which, as per them were likely to be

increased to ₹1,50,000/- per month. The claimants were the widow, two minor

daughters and parents of Rohit Saha