Jyoti And Others v. Mukesh Kumar And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (1) FAO-3483-2016 (O&M)
Date of Pronouncement: 03.03.2023
Smt. Jyoti and others ...Appellants
Versus
Mukesh Kumar and others
...Respondents
(2) FAO-4455-2016 (O&M) New India Assurance Company Ltd.
...Appellant
Versus
Jyoti and others
...Respondents
CORAM:
HON'BLE MR.JUSTICE H.S. MADAAN
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Smt. Jyoti, widow aged 29 years, Bhavishya, minor son aged about 01 year and Santosh Devi, aged 55 years mother of Suresh Kumar, an unfortunate victim of a road side accident had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') against respondents i.e. Mukesh Kumar-driver, Naveen Kumar owner and
New India Assurance Company Ltd., New Delhi-insurer of car bearing registration No.RJ-14CL-1199 (for brevity 'offending car') claiming compensation.
2.
As per case of petitioners/claimants, on 05.11.2013, Suresh Kumar was returning on a motorcycle to his village Dalanwas from Satnali, at about 9.00 pm, when he reached near Balvada hospital, Satnali in the meanwhile, the offending car being driven by respondent No.1 Mukesh Kumar in a rash and negligent manner came from opposite side and hit motorcycle of Suresh Kumar, as a result of which he fell down and suffered injuries. The accident was witnessed by Sukhbir son of Ram Chander and Anil son of Deshraj. Suresh Kumar was taken to General Hospital, Mahendargarh for treatment but after giving first aid, he was referred to RR Hospital, Delhi where he remained admitted from 06.11.2013 to 09.11.2013 but on 09.11.2013, he expired on account of injuries suffered by him in the accident. The matter was reported to the police and FIR No.
193 dated 09.11.2013, for offences under Sections 279, 337 and 304-A IPC was registered at Police Station Satnali. The claimants have thus brought the claim petition contending that deceased was aged about 30 years at the time of accident. He was serving in Indian Army, getting Rs.31,000/- per month as salary. 3.
On getting notice, the respondents appeared and contested the claim petition. Respondents No.1 and 2 filed a joint written statement denying the allegations in the claim petition stating that a false FIR has been got registered by the claimants in connivance with the police. The
car in question was duly insured with respondent No.3-insurance company.
4.
Respondent No.3-insurance company in a separate written statement filed by it alleged that respondents No.1 & 2 had violated the terms and conditions of the insurance policy and had plied the vehicle which was over loaded for carriage passenger without permit and fitness. Such respondent also prayed for dismissal of the claim petition. 5.
From the pleadings of the parties, following issues were framed by the tribunal:- $ ,
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The parties were afforded adequate opportunities to lead evidence in support of their respective claims. After hearing arguments, the Motor Accidents Claims Tribunal, Narnaul (for short 'the Tribunal') gave issue-wise findings and vide award dated 17.12.2015, awarded compensation of Rs.43,50,896/-; to the claimants along with interest @ 9% p.a from the date of filing of claim petition till actual realization. The liability to pay this amount being joint and several.
7.
Feeling aggrieved by such award passed by the Tribunal, the insurance company has approached this Court by way of filing an appeal, notice of which was given to the respondents/claimants who have put in appearance through counsel to offer a contest. 8.
The claimants on their part have filed separate appeal, notice of which was given to the respondent-insurance company and that has also appeared.
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