Icici Lombard General Insurance Coompany Limited v. Balvir Khan And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-2820-2020 (O&M)

Reserved on: 08.05.2023

Date of pronouncement: 17.05.2023 ICICI Lombard General Insurance Company Ltd.

...Appellant

Versus

Balvir Khan and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE H.S. MADAAN H.S. MADAAN , J.

Briefly stated facts of the case are that on account of death of one Mam Chand in a motor vehicular accident, which took place on 18.09.2018 at about 5.35 PM in the area near Govt. tube-well, village Basauli statedly on account of rash and negligent driving of scooty Hero Dute bearing registration No.PB70-D-7395 (for short 'the offending vehicle') by respondent No.1 Kamaljit Singh, LRs of such deceased i.e. his sons namely Balvir Khan, aged about 40 years and Khurshid Ali, aged about 50 years, had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against respondents i.e. Kamaljit Singh driver, Labh Singh-owner and ICICI Lombard General Insurance Company Ltd. insurer of the offending vehicle. In the claim petition, the claimants had impleaded Smt. Sadho widow of the deceased as proforma respondent No.4.