FAO-7094-2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

206

FAO-7094-2019 (O&M)

Date of decision: 09.11.2021

NATIONAL INSURANCE COMPANY LIMITED

..Appellant

Versus

GURMAIL KAUR AND OTHERS

..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Ms. Radhika Suri, Advocate for the appellant.

Mr. Tejender Pal Singh, Advocate for respondent No.1 to 4.

Mr. Munish Puri, Advocate for respondent No.6.

***

ANIL KSHETARPAL, J (Oral)

1.

The hearing of the case was held through video conferencing on

account of restricted functioning of the Courts due to the Covid-19. The

insurance company assails the correctness of the award passed by the Motor

Accidents Claims Tribunal, Sangrur, (hereinafter referred to as 'the Tribunal')

on 04.09.2019.

2.

The Tribunal, while allowing the claim petition filed under

Section 166 of the Motor Vehicles Act, 1988, has directed the insurance

company to pay compensation of Rs.82,65,850/- to the claimants along with

interest @ 7.5% per annum from the date of filing of the claim petition till

the actual realisation of the amount.

3.

Some peculiar facts are required to be noticed. On 08.10.2018,

ASHOK KUMAR

2022.07.26 10:18

I attest to the accuracy and

integrity of this document

FAO-7094-2019 (O&M)

Sh. Harcharan Singh along with Sh. Jagtar Singh were riding on a

motorcycle. Sh. Harcharan Singh dropped Sh. Jagtar Singh at the Bus Stand,

Shutrana. Sh. Jagtar Singh had to cross the road in order to board a bus from

the other side of the Highway. He, instead of going through a proper passage,

jumped over the diversion wall constructed to divide the National Highway.

The truck bearing registration No.JK-03F-4548 travelling at that particular

time on the National Highway hit him, resulting in his death. On the

statement of Sh. Harcharan Singh, FIR No.274, dt. 08.10.2018, under Section

279 and 304-A IPC was registered at Police Station, Patran.

4.

The claimants (widow and two minor children along with the

deceased's mother) filed the claim petition. The owner and the driver of the

offending vehicle i.e. Truck bearing registration No.JK-03F-4548 filed the

reply contesting the petition. It has been averred that a false case has been

registered against respondent No.1 as neither respondent No.1 nor the truck

in question is involved in the accident. The insurance company filed its reply

by taking all the legal objections.

5.

The claimants in order to prove their case examined Sh.

Harcharan Singh, an alleged eyewitness. He is the person who had dropped

Sh. Jagtar Singh on Bus Stand, Shutrana. In the examination in chief, he had

stated that the deceased had to cross the road in order to board the bus for

going to Patran when the truck bearing No.JK-03F-4548 driven by

ASHOK KUMAR

2022.07.26 10:18

I attest to the accuracy and

integrity of this document

FAO-7094-2019 (O&M)

respondent No.1 in a rash and negligent manner caused the accident,

resulting in the death of Sh. Jagtar Singh. The cross examination of Sh.

Harcharan Singh makes a relevant reading, which is extracted as under:-

<I knew deceased Jagtar Singh for the last 26 years. He

was my friend. On 08.10.2018, he was posted at Talwandi

Malik and he came at PHC Shutrana for official work. At that

time, I was posted at PHC Shutrana. I can not tell the purpose

of visit of deceased Jagtar Singh in PHC Shutrana but he came

at about 11.00 am. He remained there about upto 1.00/1.15 pm.

I did not go police station. My statement was recorded by the

police at CHC Patran at about 2.30/3.00 pm. The police did not

reach at the spot at the time of accident. I did not went to the

spot along with police. I was present at the time of accident. I

remained there after dropping Jagtar Singh. The driver of the

offending vehicle fled away the spot after leaving the truck.

Partan road is National Highway and one way road and there is

divider between the road. The accident took place on the road

when J