Insurance company appealed against a Motor Accident Claims Tribunal award of Rs.14,74,800/- for the death of a pillion rider, contending false implication. The High Court found no merit as the claimant's witness was not challenged on the accident's manner and dismissed the appeal.
None; appeal dismissed and Tribunal award upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH
126 FAO-1093-2024 (O&M) Date of Decision : 18.12.2024
Cholamandalam MS General Insurance Co. Ltd. ....Appellant
VERSUS
Jyoti and Others ....Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Vishal Aggarwal, Advocate for the appellant.
ALKA SARIN, J. (Oral)
CM-4349-CII-2024
FAO-1093-2024 (O&M)
that father of the deceased, namely, Bhajan Singh was also following them
JITENDER KUMAR 2024.12.19 11:04 I attest to the accuracy and authenticity of this document Chandigarh
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on his motorcycle bearing registration No.PB-09-R-3587. When they reached near Sakhupur Gate, PS City, Kapurthala, suddenly a vehicle bearing registration No.PB-08-EL-2967, which was being driving by Soni (respondent No.5 herein), came from behind at a high speed and in a rash and negligent manner and hit the Activa from behind as a result of which the Activa went out of control and both Santokh Singh and Jaspal Singh fell on the road. A turbine, which was coming from behind, attached with a cutter trolley crushed Jaspal Singh, who had fallen on the road and injured Santokh Singh. Both the victims were taken to Civil Hospital, Kapurthala where Jaspal Singh was declared dead. It was stated that the accident took place due to rash and negligent driving of the vehicle bearing registration No.PB08-EL-2967. FIR No.238 dated 28.07.2020 under Sections 279, 304-A, 337, 338 and 427 of the Indian Penal Code, 1860 was registered at Police Station City, District Kapurthala. The claim petition was contested by the driver and owner of the offending vehicle i.e. respondent Nos.5 and 6 herein by filing a written statement raising various preliminary objections. It was stated that the claim petition was not maintainable as it was the admitted fact that the deceased was crushed by a turbine and that the claim petition was bad for mis-joinder of necessary party. Insurance Company also filed its written statement raising various preliminary objections qua the maintainability and the fact that the driver was not holding a valid driving licence and there was breach of insurance policy.
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JITENDER KUMAR 2024.12.19 11:04 I attest to the accuracy and authenticity of this document Chandigarh
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on a motorcycle. It is further the contention that it was nowhere stated that Manpreet was riding the motorcycle with his father and hence the version put forth by the claimants was unbelievable.
18.12.2024 jk
( ALKA SARIN ) JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
JITENDER KUMAR 2024.12.19 11:04 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the Tribunal erred in holding that the vehicle PB-08-EL-2967 was driven rashly and negligently and awarding compensation of Rs.14,74,800/- to the claimants.
5 provisions across 1 enactments
Cholamandalam MS General Insurance Co. Ltd.
Jyoti
Soni
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
