FAO-807-2016(O&M) &

FAO-5123-2016(O&M) with

CROSS OBJECTIONS-162-CII-2018

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(1)

FAO-807-2016(O&M)

The Oriental Insurance Company Ltd.

...Appellant

Versus

Smt.Nasreen and others

...Respondents

(2)

FAO-5123-2016(O&M) with

CROSS OBJECTIONS-162-CII-2018

National Insurance Co. Ltd.

...Appellant

Versus

Sanju Kamboj and others

...Respondents

Date of Decision:-21.2.2019

CORAM:

HON'BLE MR.JUSTICE H.S.MADAAN

Present:

Mr.Raj Kumar Bashamboo, Advocate

for the appellant – Insurance Company in FAO-807-2016.

Mr.Suvir Dewan, Advocate

for the appellant in FAO-5123-2016 and

for respondent No.5 in FAO-807-2016.

Mr.Mahesh Gupta, Advocate

for respondent No.6 in FAO-807-2016 and

for respondents No.1 and 2 in FAO-5123-2016.

Ms.Amandeep Kaur, Advocate for

Mr.Ashwani Arora, Advocate

for respondent Nos.1 and 2 in FAO-807-2016.

BRIJ MOHAN BHALLA

2019.02.26 17:49

I attest to the accuracy and

authenticity of this document

Chandigarh

FAO-807-2016(O&M) &

FAO-5123-2016(O&M) with

CROSS OBJECTIONS-162-CII-2018

-2-

****

H.S. MADAAN, J.

By this order, I shall dispose of two FAOs i.e. FAO-807-2016

filed on behalf of appellant – Oriental Insurance Company Ltd. and FAO-

5123-2016 filed on behalf of appellant – National Insurance Company

Ltd. and cross objections No.162-CII of 2018 filed on behalf of claimants

in FAO-5123-2016 , which have arisen out of the same accident.

Briefly stated, the facts of the case are that on 14.6.2014,

deceased Sh.Gagan Kamboj was driving motorcycle bearing registration

No.CH-01-AX-9246 going from Chandigarh to Shimla; that Aysha Khan

@ Aisha Khan was pillion riding on that motorcycle; that at about 1:05

p.m. when the motorcycle reached on Tikkeri turn, Kandaghat, a truck

having registration No.HP12-A-8591 driven by respondent No.1 –

Karamjit allegedly in a rash and negligent manner by going on wrong side

hit the motorcycle with the result both the riders as well as the motorcycle

fell on the road; that the riders suffered serious injuries; they were taken to

hospital, however, both the injured succumbed tot he injuries suffered by

them in the mishap.

Ms.Nasreen – mother and Sh.Mustkim – father of deceased

Aysha Khan @ Aisha Khan had brought a claim petition bearing

No.MACT-268 dated 22.8.2014 under Section 166 of the Motor Vehicles

Act against respondents i.e. respondent No.1 - Karamjit – driver,

respondent No.2 – Sukhdev Singh – owner, respondent No.3 - National

Insurance Company Ltd., Chandigarh – insurer of truck No.HP12-A-8591

BRIJ MOHAN BHALLA

2019.02.26 17:49

I attest to the accuracy and

authenticity of this document

Chandigarh

FAO-807-2016(O&M) &

FAO-5123-2016(O&M) with

CROSS OBJECTIONS-162-CII-2018

-3-

as well as respondent No.4 – Sarvesh Kamboj legal heir of Sh.Gagan

Kamboj – deceased, who was driver and owner of motorcycle No.CH-01-

AX-9246 and its insurer company – respondent No.5 – Oriental Insurance

Company Ltd.

Legal representatives of Sh.Gagan Kamboj namely mother –

Sanju Kamboj and father – Sarvesh Kamboj had also brought a claim

petition bearing No.MACT-214 dated 16.7.2014 against respondents i.e.

respondent No.1 – Karamjit Singh – driver, respondent No.2 Sukhdev

Singh – owner and respondent No.3 - National Insurance Company –

insurer of the truck No.HP12-A-8591.

Both the claim petition were adjudicated by different Motor

Accident Claims Tribunal at Chandigarh. The claim petition bearing

No.MACT-268 dated 22.8.2014 was decided on 16.9.2015 by Motor

Accidents Claims Tribunal, Chandigarh, Presided over by Sh.Atul

Kasana, which came to the conclusion that the accident took place due to

rash and negligent act of driver of motorcycle No.CH-01-AX-9246 as

well as rash and negligent driving by the driver of truck No.HP12-A-

8591, resulting into death of Aysha Khan @ Aisha Khan and it was a

case of composite negligence of driver of ill-fated motorcycle and

offending truck, in that way each wrongdoer was jointly a