N.I.Co. Ltd. Vs Smt. Bimla Devi

FAO-53-1999 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

101 FAO-53-1999 (O&M) Date of Decision:17.10.2025

The National Insurance Company Limited ...Appellant Versus Bimla Devi and o thers ... Responde n ts 2. FAO No.54 of 1999 (O&M) The National Insurance Company Limited ...Appellant Versus Rajinder Singh a nd others ... Responde n ts 3. FAO No.1091 of 1999 (O&M) The National Insurance Company Limited ...Appellant Versus Rattno Devi and others ... Respondents CORAM : HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

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Present: Mr. Sandeep Suri, Advocate for t he appellant.

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Mr. Saurav Rao, Advocate for Mr. Amandeep Singh Manaise, Ad v ocate for r espondents No.1 to 3 in FAO N o.53 of 1999. Res p ondent No.1 (service dispense d with in FAO No.54 of 1999). Res p ondent No.2 ex parte in FAO N o.54 of 199. Res p ondents No.1 to 4 (service d i spensed with in FAO No.1091 of 199 9 ). Res p ondent No.5 ex parte in FAO N o.54 & 1091 of 1999. Mr. Vipin Mahajan, Advocate and Mr. Utkrant Mahajan, Advocate for r espondents No.6 to 10 in FAO N os.53 & 1091 of 1999 for r espondents No.3 to 7 in FAO N o.54 of 1999.

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AMARINDER SINGH GREWAL, J. (ORAL)

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PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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FAO-53-1999 (O&M) -2-

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Thi s order of mine shall dispose o f three appeals bearing FAO No s .53, 54 and 1091 o f 1999 as they arose out of the same accident. For the sake of convenience, facts are being enumerated from F A O No.53 of 1999. 2. Suc c inctly, the facts of the case a r e that on 01.10.1992 at about 4 .30 PM, Kultar Sin g h-deceased was travelling in t h e bus bearing No.PAB-106, w h ich was driven by r e spondent No.5 in a rash and n egligent manner and when the bus reached in the a r ea of Village Saleempur, respo n dent No.5 in an attempt to ove r take a tempo going a head, lost control over the bus, due to which it struck agai n st a jamun tree. Th e deceased received multiple inj u ries and died on the spot. An FIR was registered a t the instance of one Sat Pal son of Girdhari Lal, who was passe n ger of the same bu s under Sections 279, 337, 304-A IPC against respondent N o.5. While passing t h e award dated 05.09.1998, t h e learned Motor Accident Cl a ims Tribunal, Gurd a spur (hereinafter referred to as the Tribunal) awarde d a compensation o f Rs.2,62,272/- along with inter e st @12% per annum from the date of petition till t h e date of payment, against re s pondent No.1 to 3, who were h eld jointly and sever a lly liable to pay the same withi n a period of three months. 3. The respondent(s)-claimant(s) in F A O No.54 and 1091 of 1999 are injured persons, w ho received injuries in the sa m e accident and the learned Trib u nal vide awards da t ed 05.09.1998 and 10.05.19 9 9 awarded compensation in t heir favour, which a r e also subject matter of challe n ge before this Court vide afor e said appeals.

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Lear n ed counsel for the appellant-i n surance company submits tha t the learned Tribunal has gravely erred in fastening l i ability upon the insurance com p any to pay the comp e nsation by completely misrea d ing and misconstruing the evid e nce led before it, as in another claim petition titled as Smt. Nirmal Devi etc. and A jaib

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PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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FAO-53-1999 (O&M) -3-

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Singh arising o u t of the same accident, respon d ent No.5 in his cross-examin a tion had categoricall y stated that he never worked as driver of bus and truck and di d not possess any d r iving licence, thus, the app e llant-insurance company has an admissible defe n ce under Section 149 (2) (ii) of the Motor Vehicles Act, 198 8 for seeking setting a s ide of the impugned awards pa s sed by the learned Tribunal.

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Per c ontra, learned counsels appear i ng for respondents submit tha t the awards passed b y the learned Tribunal, whi c h are subject of challenge i n all abovesaid appe a ls, are based on correct appr e ciation of evidence led before the learned Tribunal and thus, no interference is req u ired by this Court.

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Havi n g heard learned counsel for th e parties and after perusing the paper book with their a ble assistance, this Court is of the considered view that the in s tant appeals are dev o id of merit. Records of the ca s es were burnt in a fire incident that took place on 31.01.2011 and the papers were r e constructed. The contention r a ised by learned cou n sel for the appellant-insuran c e company that respondent N o.5 admitted in his c ross-examination that he never worked as a driver of bus and t r uck and did not poss e ss any driving licence has no m erit, as in his written statement f iled before the learn e d Tribunal, he categorically sta t ed that his driving licence fell down in the bus and o n that basis, a case under Secti o n 304-A IPC was registered ag a inst him, though he d enied that he was driving the bus. Furthermore, Rajinder Si n gh, who was eye-wi t ness of the accident and also r e ceived injuries in the said acci d ent, has specifically stated that he personally knew respondent No.5 and that accident had taken place due to his rash and negligent d r iving. Moreover, Vide order d ated 13.03.2023, this Court had directed the learned counsel for the appellant-insur a nce company to file an affidavit to the effect wh e ther the award, which was su b ject matter of chall e nge in the connected appeal bearing FAO-1755-1997 has b een

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PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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FAO-53-1999 (O&M) -4-

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complied with o r not? In compliance thereof, a ffidavit has been filed by Mr. S unil Aggarwal, Man a ger, National Insurance Comp a ny Limited, Regional Office, S CO No.332-3344, S e ctor 34-A, Chandigarh to the e ffect that the connected appea l i.e. FAO No.1755 of 1997 titled as National Insur a nce Co. Ltd. Vs. Nirmal Devi and others was dis m issed in default by this Court on 28.02.2014 and the conce r ned office of the in s urance company had deposite d an amount of Rs.4,54,009/- v ide cheque No.620 8 28 dated 09.10.1997 of Punj ab National Bank and satisfied the award passed by the learned Tribunal. 7. The c onnected appeal bearing FAO No.1755 of 1997 preferred b y the insurance comp a ny, which arose out of the same accident has already b een dismissed in de f ault by this Court on 28.02. 2 014 and the award passed by the learned Tribunal in the said appeal has already a t tained finality as is evident fro m the affidavit furnis h ed by the insurance compa n y in compliance of order d ated 13.03.2023 pass e d by this Court. Once the i n surance company has accepte d the award passed b y the learned Tribunal in si m ilar matter, as no application for restoration of F A O No.1755 of 1997 was file d on its behalf, this Court find s no ground to inter f ere with the awards passed b y the learned Tribunal, which are subject matter o f challenge in appeals before t h is Court and the same are up h eld. Resultantly, all a ppeals are dismissed.

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Misc. Application(s) pending, if any, also stand disposed of.

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( AMARINDER SINGH GREWAL ) JUDGE

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October 17, 2025 Pankaj* Whether speaking/reas o ned : Yes/No Whether reportable : Yes/No

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PANKAJ KUMAR 2025.10.31 11:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

N.I.Co. Ltd. v. Smt. Bimla Devi

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N.I.Co. Ltd. v. Smt. Bimla Devi

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