126

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO-3093-2021 (O&M)

Date of decision: 25.11.2021

IFFCO TOKIAO GENERAL INSURANCE CO. LTD

..Appellant

V/S

SATWANTI DEVI AND OTHERS

...Respondents

CORAM: HON9BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Yogesh Gupta, Advocate,

for the appellant.

(Presence marked through video conference)

***

ARUN MONGA, J. (ORAL)

Aggrieved with the award dated 13.08.2021 rendered by Motor

Accidents Claims Tribunal, Karnal (for brevity, Tribunal), Insurance

Company has preferred the instant appeal.

2.

Brief facts as per the claim petition are that on 07.10.2017,

Parveen Kumar (since deceased) and Gyan Chand alias Gyan Singh (since

deceased) were going on a motorcycle bearing No. HR-059-6033 at a

moderate speed by observing the traffic rules. At about 8.30 a.m., when they

reached near Garbage Factory, Nagla Chowk, Meerut Road, Karnal, a Ford

Fiesta car bearing No. HR-06N-7137 being driven by respondent No.1 in a

rash, negligent and careless manner at a very high speed, without observing

traffic rules hit against the aforesaid motorcycle and caused the present

accident. Due to this impact, both the occupants of the said motorcycle fell

down on the road and received multiple grievous injuries on their persons

and both were shifted to KCGMCH, Karnal in an ambulance and after

MAHAVIR SINGH

2021.12.25 03:05

I attest to the accuracy of

this order

reaching the said hospital, both succumbed to the injuries. Post mortem

examination of both the deceased was conducted in KCGMCH, Karnal on

the same day.

3.

Separate claim petitions bearing MACT case No. RBT-

111/2021, CIS No.MACP/590218 and MACT case No. RBT-112/2021, CIS

No.MACP/591/2018 were filed by the respective heirs of the two

deceased. The respondents contested them. Both claim petitions were

clubbed.

4.

Learned Tribunal framed following issues:

1. Whether accident took place due to rash and negligent driving

of For Fiesta Car bearing registration No.HR-06N-7137 by

respondent No.1 Sanjiv, resulting into death of Parveen Kumar

(deceased in first claim petition) and death of Gyan Chand

alias Gian Singh (deceased in second claim petition), as

alleged? OPPs.

2. If issue No.1 is proved, whether Poonam etc. claimants of first

claim petition, are entitled to any compensation, if so, to what

amount and from whom? OPP

3. Whether Satwanti Devi etc., claimant of second connected

claim petition, are entitled to any compensation, if so, to what

amount and from whom? OPP.

4. Whether respondent No.1 was not holding a valid and effective

driving licence at the time of accident and the vehicle was being

driven in violation of terms and conditions of insurance policy

and provisions of Motor Vehicle Act, as alleged, if so to what

effect? OPR3.

5. Relief.=

5.

On appraisal of evidence, the learned Tribunal decided issues

No. 1 in favour of the claimants and issue No. 4 against the Insurance

company. On issues No. 3 and 4 it held that the claimants in MACT case

No. RBT-112/2021, CIS No.MACP/591/2018 were entitled to total

compensation of Rs.8,65,894/- and in MACT case No.111/2021, CIS

No.MACP/590/2018, Rs.16,23,970/- with interest @ 7% from the date of

MAHAVIR SINGH

2021.12.25 03:05

I attest to the accuracy of

this order

filing the petition till date of realization and that respondents No. 1-3 shall

be jointly and severally to pay the same.

6.

The Insurance Company, who was respondent No. 3 before the

Tribunal, has come up in appeal.

7.

I have heard the learned counsel for the appellant and with his

able assistance gone through the record.

8.

It is pointed out by the learned counsel for the appellant that

as per the statement of RW-1 Bhupinder Kumar ASI, investigating officer

of the criminal case registered about the occurrence, he contacted Vimla

Devi owner of Ford Fiesta car No.