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High Court of Punjab and Haryana · body

2016 DAILYLAW 3631 (PNJ)

NEW INDIA ASSURANCE COMPANY LIMITED v. KULDEEP KAUR AND ORS.

FAO/3202/2017 · 2026-02-11

Nidhi Gupta

body2016

Judgment text

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FAO-3202 IN THE HIG 226 The New Ind Kuldeep Kau CORAM: H Present: - NIDHI GUP 1. Company passed by th claim petiti 02.06.2016 of the Motor awarded as c the liability t upon the app 2. appellant-Ins the aforesaid 02-2017 (O&M) -1- E HIGH COURT OF PUNJAB AND HA FAO Date o ew India Assurance Co. Ltd. Versus ep Kaur and others M: HON'BLE MS. JUSTICE NIDH Mr. Rajneesh Malhotra, Advoca Mr. CS Singhal, Advocate for Mr. Sunil Agnihotri, Advocate for respondent No. 1-claimant. Mr. Arihant Goyal, Advocate for respondents No. 2 and 3. I GUPTA, J. (ORAL) Present appeal has been filed laying challenge to the impugn by the learned Motor Accident Claim petition bearing MACT Case RB 2016filed by injured-claimant/respond Motor Vehicles Act, 1988, whereby a ed as compensation to the injured-clai bility to pay the aforesaid amount of c he appellant-Insurance Company/insur It is, inter alia, submitted b Insurance Company that while de oresaid amount of compensation, the ND HARYANA AT CHANDIGARH FAO-3202-2017 (O&M) Date of Decision: 11.02.2026 .… Appellant .... Respondents NIDHI GUPTA dvocate for the appellant. e for ocate mant. n filed by the appellant-Insurance mpugned Award dated 13.12.2016 t Claims Tribunal, Hoshiarpur, in a e RBT No. 50 dated12.08.2015/ espondent No. 1 under Section 166 reby an amount of ₹3,58,228/- was claimant. Vide impugned Award, nt of compensation has been affixed y/insurer of the offending vehicle. itted by learned counsel for the ile determining the liability to pay n, the learned Tribunal has read the ance 016 a / 166 was ard, ixed the pay the RISHU KATARIA 2026.02.13 15:00 I attest to the accuracy and authenticity of this order/judgment. FAO-3202 testimony Hoshiarpur contended th as, if the stat that he has 2877/R/99- village Bajw 07-2004 for at serial no. Singh s/o Pr 3. appreciation remanded ba 4. owner of the learned coun 3 may be g Tribunal, in 5. case is rema the matter respondents all the pleas 6. on 22.04.202 02-2017 (O&M) -2- ony of RW-1 Dalip Kumar, Juni arpur (Annexure R-1) in piecemeal ded that the driving licence produced he statement of RW-1 (Annexure A- e has stated that ‘As per the recor -2000 was done in the name of o Bajwara District Hoshiarpur for the for the driving of Scooter and Car l no. 2877/R/99-2000 was not in th o Pritam Singh’. It is accordingly submitted that iation of evidence by the learned Trib ded back to the learned Tribunal for re Learned counsel for respond of the offending vehicle respectively d counsel for the appellant, and submi be granted opportunity to take all al, in accordance with law. In view of the factual position remanded back to the learned Trib atter in the light of above noted fac dents No. 2 and 3/driver and owner of pleas before the learned Tribunal, in a The parties are directed to appe 04.2026. , Junior Assistant O/o of DTO meal and not in its entirety. It is duced by RW-1 was fake, inasmuch -1) is read in entirety, it is clear ecord the renewal at serial no. of one Ram Pal s/o Nand Lal r/o r the period of 16-07-1999 to 15- Car only. The abovesaid renewal n the name of abovesaid Hardeep ed that there is material error in the d Tribunal, therefore, the matter be l for re-consideration. ondents No. 2 and 3/driver and tively, does not oppose the prayer of submits that respondents No. 2 and all the pleas before the learned osition as noted above, the present d Tribunal concerned to reconsider ed facts. Liberty is also granted to ner of the offending vehicle to take al, in accordance with law. o appear before the learned Tribunal TO It is uch lear o. /o al ep the r be and er of and rned sent d to unal RISHU KATARIA 2026.02.13 15:00 I attest to the accuracy and authenticity of this order/judgment. FAO-3202 7. Tribunal co Hoshiarpur. an expressio 8. 9. 11.02.2026 rishu 02-2017 (O&M) -3- Registry is directed to send a co al concerned through the learned D arpur. However, nothing stated here- ression of opinion on the merits of the Disposed of, accordingly. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable d a copy of this order to the learned rned District and Sessions Judge, -in-above shall be construed as of the matter. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No rned dge, d as RISHU KATARIA 2026.02.13 15:00 I attest to the accuracy and authenticity of this order/judgment.