National Insurance Co Ltd v. Kalpana Kaur And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH FAO-3646-2017 (O&M)
Reserved on: 09.05.2023
Date of pronouncement: 18.05.2023 National Insurance Company Ltd.
...Appellant
Versus
Kalpana Kaur 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 unfortunate death of one Avtar Singh in a motor vehicular accident which took place on 01.08.2016 at about 4.15 PM in the area near village Bahik Pachharian, statedly on account of rash and negligent driving of bus No.PB-30-R-1078 (for short 'the offending bus') by respondent No.1 Sukhvinder Singh @ Sukhmandar Singh, LRs of deceased namely his widow Smt. Kalpana, aged about 29 years, minor daughter Aprana Singh, aged about 07 years, minor son Master Lovedeep Singh, aged about 04 years, mother Smt. Harbans Kaur, aged about 58 years and father Sh. Nachhatar Singh, aged about 61 years, had brought a claim petition under
Section 166 of the Motor Vehicles Act, 1988 against respondents i.e. Sukhvinder Singh @ Sukhmandar Singh driver, M/s New Deep Motors registered owner and National Insurance Company Ltd. Chandigarh insurer of the offending bus.
2.
As per case of the claimants on the fateful day i.e. on 01.08.2016 Avtar Singh along with Kulwinder Kaur was going from Baba Budda Sahib to Faridkot on a motorcycle and Kulwinder Kaur @ Raj Kaur was pillion riding the same. The said motorcycle was being followed by Baljit Singh and Kewal Singh on a separate motorcycle. When they were on a road leading from Makhu to Zira near village Bahik Pachharian, the offending bus being driven by respondent No.1 in a rash and negligent manner came from behind and after overtaking the motorcycle of Baljit Singh, it struck against the motorcycle being driven by Avtar Singh. Resultantly, both the riders fell on the road and received injuries. Avtar Singh died on the spot whereas Kulwinder Kaur was referred to Govt. Medical College, Faridkot where she died. FIR No.113 dated 01.08.2016, for offences under Sections 304-A, 279, 337, 338 and 427 IPC was registered against Sukhvinder Singh @ Sukhmandar Singh. According to the version of the claimants, the deceased was aged about 31 years and was earning Rs.12,000/- per month.
From the pleadings of the parties, following issues were framed:-
1. Whether Avtar Singh died in a motor vehicle accident which was caused due to rash and negligent driving by respondent No.1 while driving vehicle bearing registration No.PB-30R-1078? OPA.
2. Whether the claimants are entitled to compensation on account of death of Avtar Singh? If yes, from whom and to which extent? OPA.
3. Whether the driver of offending vehicle was not holding a valid driving licence at the time of accident.? OPR.
4. Relief 6.
The parties were afforded sufficient opportunities to lead evidence in support of their respective claims. 7.
After hearing arguments, Motor Accidents Claims Tribunal, Chandigarh,
interest on this amount @ 7.5% p.a., from the date of filing of claim petition till actual realization. The mode of payment and apportionment of compensation shall remain the same as directed in the impugned award.
15.
The appeal stands partly allowed.