Rattno Devi and o and others v. CORAM
Case Details
FAO-53-1999 (O& 99 (O&M) -1- IN THE HIGH IGH COURT OF PUNJAB AND H GARH ND HARYANA AT CHANDIGARH 101 FAO-53-1999 (O&M) (cid:1) Date of Decision:17.10.2025(cid:1) The National Insur l Insurance Company Limited (cid:1) ...Appellant(cid:1) Bimla Devi and ot and others ... Respondent ndents Versus 2. FAO No.54 No.54 of 1999 (O&M) The National Insur l Insurance Company Limited (cid:1) ...Appellant(cid:1) Rajinder Singh and gh and others ndents ... Respondents Versus 3. FAO No.10 No.1091 of 1999 (O&M) The National Insur l Insurance Company Limited (cid:1) ...Appellant(cid:1) Rattno Devi and o and others ... Respondents Versus CORAM : HON
Legal Reasoning
HON'BLE MR. JUSTICE AMARIN ARINDER SINGH GREWAL Mr. Sandeep Suri, Advocate Present: Mr. for the appellant. for th Mr. S Mr. Saurav Rao, Advocate for Mr. Amandeep Singh Manaise, Advo Mr. A for respondents No.1 to 3 in FAO No. for re Advocate O No.53 of 1999. Respondent No.1 (service dispensed w Respo nsed with in FAO No.54 of 1999). Respondent No.2 ex parte in FAO No Respo O No.54 of 199. Respo Respondents No.1 to 4 (service dis 1999). 1999) ce dispensed with in FAO No.1091 .1091 of Respo espondent No.5 ex parte in FAO No O No.54 & 1091 of 1999. Mr. Vipin Mahajan, Advocate and Mr. V Mr. Mr. Utkrant Mahajan, Advocate for re for respondents No.6 to 10 in FAO No for respondents No.3 to 7 in FAO No. for re AO Nos.53 & 1091 of 1999 O No.54 of 1999. *(cid:1) **** AMARINDER SI AL) ER SINGH GREWAL, J. (ORAL) PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-53-1999 (O& 99 (O&M) -2- 1. This order of mine shall dispose of th This o e of three appeals bearing FAO Nos.5 Nos.53, 54 and 1091 of 1 1 of 1999 as they arose out of the f the same accident. For the sake sake of convenience, facts , facts are being enumerated from FAO m FAO No.53 of 1999. 2. Succinctly, the facts of the case are Succi se are that on 01.10.1992 at about 4. out 4.30 PM, Kultar Singh Singh-deceased was travelling in the in the bus bearing No.PAB-106, whi 6, which was driven by res by respondent No.5 in a rash and ne nd negligent manner and when the b the bus reached in the area he area of Village Saleempur, respond spondent No.5 in an attempt to overta overtake a tempo going ah ing ahead, lost control over the bus e bus, due to which it struck against against a jamun tree. The d The deceased received multiple injur e injuries and died on the spot. An F An FIR was registered at t ed at the instance of one Sat Pal son o son of Girdhari Lal, who was passeng assenger of the same bus bus under Sections 279, 337, 304 , 304-A IPC against respondent No nt No.5. While passing the ng the award dated 05.09.1998, the 8, the learned Motor Accident Claim t Claims Tribunal, Gurdas d urdaspur (hereinafter referred to as to the Tribunal) awarded arded a compensation of R n of Rs.2,62,272/- along with interes interest @12% per annum from the da the date of petition till the till the date of payment, against respo t respondent No.1 to 3, who were he ere held jointly and several everally liable to pay the same within ithin a period of three months. 3. The respondent(s)-claimant(s) in FA The re in FAO No.54 and 1091 of 1999 a 999 are injured persons, w ons, who received injuries in the same e same accident and the learned Tribun Tribunal vide awards date s dated 05.09.1998 and 10.05.1999 .1999 awarded compensation in th in their favour, which are ch are also subject matter of challeng allenge before this Court vide aforesa aforesaid appeals. 4. Learned counsel for the appellant-ins Learne insurance company submits that t that the learned Tribunal h unal has gravely erred in fastening lia ing liability upon the insurance compa company to pay the compen ompensation by completely misreadin reading and misconstruing the eviden evidence led before it, as in t, as in another claim petition titled as tled as Smt. Nirmal Devi etc. and Aja nd Ajaib PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-53-1999 (O& 99 (O&M) -3- Singh arising out g out of the same accident, responde spondent No.5 in his cross-examinati mination had categorically s ically stated that he never worked as d d as driver of bus and truck and did n d did not possess any driv y driving licence, thus, the appel appellant-insurance company has has an admissible defenc efence under Section 149 (2) (ii) of ii) of the Motor Vehicles Act, 1988 1988 for seeking setting asi ing aside of the impugned awards pass s passed by the learned Tribunal. 5. Per contra, learned counsels appearin Per co pearing for respondents submit that t that the awards passed by sed by the learned Tribunal, which which are subject of challenge in e in all abovesaid appeals ppeals, are based on correct appreci ppreciation of evidence led before t efore the learned Tribunal a unal and thus, no interference is requir required by this Court. 6. Having heard learned counsel for the p Having r the parties and after perusing the pap the paper book with their ab heir able assistance, this Court is of th f the considered view that the insta instant appeals are devoid devoid of merit. Records of the cases e cases were burnt in a fire incident th dent that took place on 31.0 n 31.01.2011 and the papers were rec ere reconstructed. The contention rais on raised by learned couns counsel for the appellant-insurance urance company that respondent No nt No.5 admitted in his cro his cross-examination that he never w ever worked as a driver of bus and tru nd truck and did not posses possess any driving licence has no mer merit, as in his written statement fil ent filed before the learned arned Tribunal, he categorically stated stated that his driving licence fell dow ell down in the bus and on nd on that basis, a case under Section ection 304-A IPC was registered again d against him, though he de he denied that he was driving the b the bus. Furthermore, Rajinder Sing er Singh, who was eye-witn witness of the accident and also rec so received injuries in the said accide accident, has specifically st ally stated that he personally knew r new respondent No.5 and that accide accident had taken place du lace due to his rash and negligent driv nt driving. Moreover, Vide order dat er dated 13.03.2023, this C this Court had directed the learned c rned counsel for the appellant-insuran nsurance company to file a file an affidavit to the effect wheth whether the award, which was subje s subject matter of challen hallenge in the connected appeal be eal bearing FAO-1755-1997 has be has been PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-53-1999 (O& 99 (O&M) -4- complied with or n ith or not? In compliance thereof, aff of, affidavit has been filed by Mr. Su r. Sunil Aggarwal, Manag anager, National Insurance Compan ompany Limited, Regional Office, SC ice, SCO No.332-3344, Sec 4, Sector 34-A, Chandigarh to the eff the effect that the connected appeal i ppeal i.e. FAO No.1755 of 55 of 1997 titled as National Insuran nsurance Co. Ltd. Vs. Nirmal Devi a evi and others was dismis dismissed in default by this Court o ourt on 28.02.2014 and the concern oncerned office of the insu e insurance company had deposited osited an amount of Rs.4,54,009/- vi vide cheque No.62082 620828 dated 09.10.1997 of Punjab unjab National Bank and satisfied t sfied the award passed by th d by the learned Tribunal. 7. The co he connected appeal bearing FAO N FAO No.1755 of 1997 preferred by t d by the insurance compan ompany, which arose out of the s the same accident has already be dy been dismissed in defa n default by this Court on 28.02.20 .02.2014 and the award passed by t d by the learned Tribunal in the said appeal has already atta dy attained finality as is evident from t from the affidavit furnishe rnished by the insurance company mpany in compliance of order dat er dated 13.03.2023 passed passed by this Court. Once the insu he insurance company has accepted t pted the award passed by ed by the learned Tribunal in simil similar matter, as no application f ation for restoration of FAO of FAO No.1755 of 1997 was filed filed on its behalf, this Court finds finds no ground to interfer nterfere with the awards passed by ed by the learned Tribunal, which a hich are subject matter of ter of challenge in appeals before thi re this Court and the same are uphe pheld. Resultantly, all app all appeals are dismissed. 8. Misc. Application(s) pending, if any, a Misc. A
Decision
any, also stand disposed of. (AMAR MARINDER SINGH GREWAL) JUDGE , 2025 October 17, 2025 Pankaj* Whether speaking/reason Whether reportable /reasoned : : Yes/No Yes/No PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh