National Insur nsurance Company Limited v. Chiriyan Devi evi & Others SUNENA
Case Details
Page 1 of 9 9 (cid:1) IN THE HI E HIGH COURT OF PUNJAB AND HA D HARYANA AT CHANDIGARH 210 Date of decision: 17.02.2025 National Insur nsurance Company Limited Balwan & Oth Others Vs. *** National Insur nsurance Company Limited Sehdev & Oth Others Vs. *** National Insur nsurance Company Limited Shri Chand & O d & Others Vs. *** National Insur nsurance Company Limited Chiriyan Devi evi & Others Vs. *** National Insur nsurance Company Limited Chiriyan Devi evi & Others Vs. *** National Insur nsurance Company Limited Vs. Chiriyan Devi evi & Others SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document FAO-1661-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1662-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1663-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1664-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1665-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1666-2008 (O&M) ...Appellant(s) *** National Insur nsurance Company Limited Zehro Devi & O i & Others Vs. *** National Insur nsurance Company Limited Tamanna & Ot & Others Vs. Page 2 of 9 9 (cid:1) ...Respondent(s) FAO-1667-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1668-2008 (O&M) ...Appellant(s) ...Respondent(s) CORAM:
Legal Reasoning
HON’BLE MS. JUSTICE NID NIDHI GUPTA Present:- ate Mr. Anil Chawla, Advocate for the petitioner. *** NIDHI GUPTA, FAO-1661-200 Date of Accide PTA, J. 2008 cident: 10.06.2005 Name of dece eceased: Sunil Age: 25 years ars (unmarried) (Death Case) Claimants: Bal : Balwan (father) and Ganga Devi (m i (mother) Occupation: D n: Driver Income: Rs.3,0 s.3,000/- per month Died in an acc accident while travelling in car No. No.DL-4CF-4962 driven by Sunil Kumar hit by by a truck bearing registration N n No.HR-61B-2126 (hereinafter referred to as o as “the offending vehicle”) by its y its driver Surinder. Car No.DL- SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document Page 3 of 9 9 (cid:1) 4CF-4962 turn turned turtle and then caught fir t fire. The deceased was burnt alive. The deceased sed and other family members wer were returning from village Mali after attendin nding a ceremony in car No.DL-4CF 4CF-4962. The offending vehicle was driven b n by respondent No.3 in rash a h and negligent manner from opposite side side first struck one other Maruti ruti car bearing No. DL-1CF-608 and hit car N r No.DL-4CF-4962 in which deceas ceased was travelling. Both the vehicles truck uck and the car caught fire. All the 8 decea eceased travelling in ill-fated Marut aruti car died on the spot. FIR No.177 da 7 dated 10.06.2005 under Sections ions 279, 304-a, 427 IPC lodged against respon spondent No.3 at Hansi. tion: Compensation Rs.72,000/- Rs.1,44,000/- Funeral expen penses: Rs.5,000/- Total Rs.2,21,000/- FAO-1662-200 2008 Date of Accide cident: 10.06.2005 (Death Case) Name of dece eceased: Savitri ars Age: 28 years Claimants: hus husband and minor son Occupation: n: housewife Income: Rs.21 21,00/- per month Compensation tion: 2,73,800/- SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document FAO-1663-200 2008 Date of Accide cident: 10.06.2005 (Death Case) Page 4 of 9 9 (cid:1) Name of dece eceased: Arjan Dev ars Age: 32 years Claimants: fath father and mother Occupation: n: driver Income: Rs.3,0 3,000/- per month Compensation tion: Rs.3,89,000/- FAO-1664-200 2008 Date of Accide cident: 10.06.2005 (Death Case) Name of dece eceased: Sumitra ars Age: 25 years Claimants: mo : mother-in-law, father-in-law and so d son Occupation: h n: housewife Income: Rs.21 s.21,00/- per month Compensation tion: 2,73,800/- FAO-1665-200 2008 Date of Accide cident: 10.06.2005 (Death Case) Name of dece eceased: Vikram Age: 1-1.5 yea years Claimants: gra grandmother, grandfather and brot brother Compensation tion: 70,000/- FAO-1666-200 2008 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document Date of Accide cident: 10.06.2005 (Death Case) Page 5 of 9 9 (cid:1) Name of dece eceased: Yudhister ars Age: 25 years Claimants: par parents and minor son Occupation: n: running flour mill Income: Rs.2 s.24,00/- per month Compensation tion: Rs.3,12,200/- FAO-1667-200 2008 Date of Accide cident: 10.06.2005 (Death Case) Name of dece eceased: Birmo Devi ars Age: 24 years Claimants: par en parents-in-law and three children Occupation: h n: housewife Income: Rs.21 s.21,00/- per month Compensation tion: 2,73,800/- FAO-1668-200 2008 Date of Accide cident: 10.06.2005 (Death Case) Name of dece eceased: Amit rs Age: 7 years Claimants: 4 si 4 siblings Occupation: n: student Compensation tion: Rs.1,10,000/- SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document Both the present appeals a
Decision
als are being disposed of by this Page 6 of 9 9 (cid:1) common orde order as the date of accident, facts acts and issues involved in them are identical. ical. All these claim petitions are are filed against Award dated 20.03.2008 pa 8 passed by Motor Accident Claims ims Tribunal, Hisar whereby the 8 claim petitio titions of the claimants under Sectio ection 166 of the Motor Vehicles Act (hereinafte nafter referred to as “the Act”) have have been allowed and different compensation tion amounts have been awarded to ed to the claimants therein. 3. Brief facts of the case a e are that on 10.6.2005 the deceased and and other family members were ere returning from village Mali after attending ding a ceremony (Pilia) in a car whi which was being driven by Sunil Kumar. When hen their car was ahead to Hansi t nsi towards Hisar side near Vakil Colony, Bhim him Hotel, the offending vehicle being driven by respondent No.1 in a rash rash and negligent manner came fr e from the opposite side and it first struck wi k with one other Maruti Car No.D o.DL-1CF/608 and then hit car No.DL- 4CF/49 F/4962. Due to this impact car No r No.DL-4CF/4962 turned turtle and caught fi ht fire. The occupants of the car car sustained fatal injuries and burnt. They di y died at the spot as both the vehic ehicles i.e. the offending vehicle and the car ca ar caught fire. The dead bodies of s of all the eight deceased were removed and and brought to General Hospital ital, Hansi where postmortem examinations ons on their dead bodies were c re conducted by the Board of Doctors. It ha t has been alleged that the acciden ident was witnessed by Krishan Kumar son of of Payare Lal, resident of Prem Na Nagar, Hansi, who was running a tyre punctur cture khokha near the place of acc accident and also by one Sajjan SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document son of Ram P m Pal, resident of Peeranwali, Tehs Tehsil and Distt. Hisar, who was Page 7 of 9 9 (cid:1) chowkidar at at some fish pond. The relati elations of the deceased and petitioners re s received the information about t ut the accident and reached at G.H. Hansi. Th i. The dead bodies were got identif entified. The accident took place due to rash a sh and negligent driving of offendin nding vehicle FIR No.177 dated 10.6.2005, un , under Sections 279, 304-A, 42 427 IPC was lodged against respondent No nsi. t No. 1 at Police Station. City Hansi. 4. The learned Tribunal on th n the basis of pleadings and oral & documentar ntary evidence adduced before it c it concluded that the deceased in the above s ve said cases have died due to the i he injuries suffered by them in a motor vehicul icular accident that took place on on 10.06.2005 due to the rash and negligent ent driving of the offending vehicle icle by its driver. 5. Learned counsel for the a e appellant-Insurance Company assails the imp impugned Award primarily on the the ground that the car in which the deceased sed were travelling bearing No.DL- -4CF-4962 was fitted with LPG cylinder; wher hereas as per the Registration Cert Certificate of the said, the same was to be dri driven by petrol. It is submitted ted that therefore, contributory negligence ou ought to have been made by e by the learned Tribunal as admittedly, th y, the car in which the deceased wer were travelling burst into flames as the same w e was fitted with gas cylinder. It is It is stated that no negligence is made on beha ehalf of the offending vehicle insure sured with the appellant. 6. No other argument is made ade on behalf of the appellant. SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document 7. I have heard learned cou counsel for the appellant and Page 8 of 9 9 (cid:1) perused the ca e case file in great detail. 8. I find no merit whatsoever ever in the submission made on behalf of the a the appellant-Insurance Company as y as it is the categoric testimony of the eyewitn - witness PW3-Krishan Kumar that:- “17. Statements of Krishan Kum Kumar (eye witness) PW3 is important piece of evidence for for the decision of this issue. He witnessed the occurrence. He He in his affidavit Ex.PW3/A deposed that in the year 2005 he 5 he was running a tyre puncture shop in a khokha on Hansi-Hisar r isar road, National Highway near Bhim Hotel. On 10.6.2005 at abo about 6.15 p.m. he was present at his khokha. One Sajjan Chowkid owkidar of Fishery Pond was also present there. He saw a truck bea k bearing No.HR-61B/2126 which was coming from Hisar side. Th e. The driver of the truck was driving the truck in a rash and n nd negligent manner and struck into a maruti car bearing No.DL .DL-1CF/1608 which was coming from Hansi side and going to Hi fro to Hisar side. After lew minutes another car bearing No DL-4CF/4 CF/4962 came from Hansi side. The driver of the above said truck truck whose name was Surender son of Partap Singh. resident of t of Mehra, District Dadri struck the car in a rash and negligent w nt wav, as a result of which the car had fallen in a ditch and caug caught fire. All the occupants of the car had burnt. He stated th ed that there were three male persons, three ladies and two two children in the car. Police reached within 10-15 minutes an s and they managed to take out the dead bodies from the car. H ar. He stated that his statement was recorded by the police.” SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document 9. Moreover, in a proceeding ding under the Act, the case of Page 9 of 9 9 (cid:1) the claimants nts has to be proven on the prepo reponderance of the probability and does not h not have to be proven beyond reaso easonable doubt. It is not denied that the offe offending vehicle at first struck truck the Maruti Car bearing registration N n No.DL-1CF-608 whereafter it hit hit the car bearing registration No.DL-4CF-496 4962 in which the deceased were were travelling. From the above facts, it is clea clear that the offending vehicle ha le had hit not only one but two cars. Therefor efore, rash and negligent driving of g of the driver of the offending vehicle is clear clearly made out. 10. Ld. Counsel for the petiti etitioner has shown nothing to this Court to c to controvert or dispute the above ove facts and findings. In view of the above disc discussion, all the present appeals als are dismissed. 11. Pending application(s) if an if any also stand(s) disposed of. 17.02.2025 Sunena (Nidhi Gupta) Judge Whether spea Whether repo peaking/reasoned: eportable: Yes/No Yes/No SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document