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High Court of Punjab and Haryana · body

2010 DAILYLAW 3483 (PNJ)

NEW INDIA ASSURANCE CO. LTD. v. ANITA AND ORS.

FAO/2850/2010 · 2026-02-19

Pankaj Jain

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Judgment text

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FAO-2850-2010 [226] New India Anita and o Coram : Present: PANKAJ J [1] [2] with respec He submits be tortfeaso 1562 alone [3] collision in that after holding bot [4] came to the of there be interfere wi 2010 (O&M) IN THE HIGH COURT OF AT CHANDIGA FAO-2850 Date of De India Assurance Company Limited versus and others HON’BLE MR. JUSTICE PA Mr. Paul S. Saini, Advocate fo Mr. Neeraj Khanna, Amicus C for claimant-respondent Nos.1 **** KAJ JAIN, J. (ORAL) Insurance Company is in appea The only plea raised by Mr. S respect to the finding recorded by the ubmits that learned Tribunal has wron rtfeasors. According to him, truck b alone was rash and negligent. From the record, it is discernib sion in which both the drivers lost the after investigation, the police filed a ing both the drivers responsible for the The Tribunal, after analyzing to the conclusion that both the driver ere being any evidence to rebut the sa with the well reasoned findings re T OF PUNJAB AND HARYANA DIGARH 2850-2010 (O&M) of Decision : 19.02.2026 …Appellant ….Respondents PANKAJ JAIN cate for the appellant. us Curiae Nos.1 to 5. appeal. Mr. Saini, counsel for the appellant, the learned Tribunal on Issue No. wrongly recorded both the vehicles truck bearing registration No.HR-63 scernible that the vehicles had ahead lost their lives. It has come on recor a report under Section 173 Cr.P.C for the accident. yzing the entire evidence on record als drivers were negligent. In the absenc the same, this Court finds no reason ngs recorded by the learned Tribunal. 1 llant, is e No.1. hicles to 63-A- head on record Cr.P.C., also absence eason to bunal. RAJNEESH SHARMA 2026.02.25 16:02 I agree to specified portions of this document FAO-2850-2010 [5] be dismiss [6] disposed of 19.02.2026 ‘R. Sharma' 2010 (O&M) Findings no merit in the prese smissed. All pending miscellaneous ed off. .2026 Whether speaking/ reasoned Whether reportable present appeal, the same is ordered neous application(s), if any, stand (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 2 dered to stands RAJNEESH SHARMA 2026.02.25 16:02 I agree to specified portions of this document