The New India Assurance Company Ltd v. Dharampal And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-7090-2018 (O&M) Date of pronouncement: 22.02.2023 The New India Assurance Company Ltd., Shahabad ...Appellant

Versus

Dharampal and others

...Respondents

CORAM:

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

Briefly stated facts of the case are that petitioner/claimant Dharampal, had brought a claim petition under Sections 166 of the Motor Vehicles Act, 1988 (for short 'the Act') against respondents Vikramdriver, Malook Singh-owner and New India Assurance Company Ltd., Shahabad insurer of motorcycle bearing registration No.HR-78-0698 (for brevity 'offending vehicle'), claiming compensation, alleging that on 06.11.2014 while he had boarded a three wheeler to return from Ambala to his village Kalyana and at about 8.30 pm, after alighting from the three wheeler, he tried to cross the road on foot, in the meanwhile, the offending vehicle being driven by respondent No.1 Vikram in a rash and negligent manner came from Shahabad side hit against him, resultantly, he fell down and received multiple serious and grievous injuries on his

body. He was hospitalized and got treatment from various medical institutes. The matter had been reported to the police also. 2.

Notice of the claim petition was given to the respondents. All the three respondents appeared and contested the claim petition. Issues on merits were framed. The parties were afforded adequate opportunities to lead evidence in support of their respective claims. On conclusion of the trial, the Motor Accidents Claims Tribunal, Kurukshetra (for short 'the Tribunal') vide award dated 13.07.2018, allowed the claim petition and awarded compensation of Rs.1,33,735/- with interest and costs to the claimant payable by all the three respondents jointly and severally. 3.

Feeling aggrieved by such award passed by the Tribunal, the insurance company has filed the present appeal, notice of which was given to respondent No.3-owner of the offending vehicle, who has put in appearance through counsel to offer a contest. 4.

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I do not see any reason to interfere with the impugned award, rather the appeal is found to be without merit and is dismissed accordingly.