FAO-3329-2019 (O&M) with XOBJC-24-2020 (O&M) & FAO-3330-2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 14.07.2026 (1) FAO-3329-2019 (O&M) with XOBJC-24-2020 (O&M) Rattan Professional Education College (Society) ...Appellant Versus Sumari Devi and Ors. ...Respondents (2) FAO-3330-2019 (O&M) Rattan Professional Education College (Society) ... Appellant Versus Nirmal Singh and Ors ...Respondents CORAM:- HON'BLE MS. JUSTICE AMARJOT BHATTI Present:- Mr. Sandeep Bansal, Advocate for the appellant in FAO-3329-2019 and FAO-3330-2019. None for the cross-objectors/respondents No.1 to 5 in FAO-3329-2019 and for respondent No.1 in FAO-3330-2019. Mr. Mallika Dhillon, Advocate for Mr. S.S.Sidhu, Advocate for respondent No.7 in FAO-3329-2019 and for respondent No.3 in FAO-3330-2019. ***** AMARJOT BHATTI, J. CM-11458-CII-2019 in FAO-3329-2019 CM-11462-CII-2019 in FAO-3330-2019 The applicant/appellant filed separate applications i.e. CM- SUNIL DEVI 2026.07.20 17:21 I attest to the accuracy and integrity of this document FAO-3329-2019 (O&M) with XOBJC-24-2020 (O&M) & FAO-3330-2019 (O&M) -2- 11458-CII-2019 in FAO-3329-2019 and CM-11462-CII-2019 in FAO- 3330-2019 seeking condonation of delay of 388 days in filing the appeal(s). On the passing of impugned award dated 26.10.2017 in MACT case No.14/12.08.2016 titled “Sumari Devi and Ors. vs. Rattan Professional Education College (Society) and Ors.” and award dated 26.10.2017 in MACT case No.16/02.09.2016 titled “Nirmal Singh vs. Rattan Professional Education College (Society) and others”, the insurance company has been given recovery rights. This fact came to their knowledge at the time of filing of execution. Therefore, there is bona fide delay in filing the appeal(s). The applications are opposed by learned counsel representing Insurance Company taking the stand that while passing the Award in aforesaid MACT cases, there was specific recital that Insurance Company was at liberty to recover the amount deposited in the aforesaid MACT Awards. Therefore, the stand taken by the applicant/appellant is without merits. I have considered the arguments and have gone through the record. Factual position as detailed in the aforesaid Awards is not disputed. The applicant/appellant/respondent No.1 has filed separate appeals against the finding given by the Motor Accident Claims Tribunal. Regarding having valid route permit, the claim of applicant/appellant is based on document. It is always in the interest of justice that the case is decided on merits. Therefore on hyper technical reasons, I do not find a valid reason to decline the applications filed by the applicant/appellant SUNIL DEVI 2026.07.20 17:21 I attest to the accuracy and integrity of this document FAO-3329-2019 (O&M) with XOBJC-24-2020 (O&M) & FAO-3330-2019 (O&M) -3- seeking condonation of delay. Therefore, in the interest of justice, delay of 388 days in filing FAO-3329-2019 and FAO-3330-2019 is condoned. Applications are accordingly disposed of. Main cases 1. These appeals are taken up together for disposal having arisen from the same accident. The appellant/respondent No.1 i.e. owner of offending vehicle has filed present appeals on the limited ground vide which Insurance Company has been granted recovery rights while awarding compensation in favour of claimants in the aforesaid MACT cases. 2. Learned counsel for appellant/respondent No.1 has disputed the finding given by the Motor Accident Claims Tribunal pertaining to Issue No.4 in both the cases where it was concluded that at the time of accident, the offending bus bearing Registration No.PB-65-E-4248 was being driven without valid permit in violation of the terms and conditions of Insurance Company. As a result, recovery rights were granted in favour of Insurance Company. 3. Learned counsel representing the appellant referred to the record of Motor Accident Claims Tribunal where at the time of leading evidence in Motor Accident Claims Tribunal case No.16/2016 titled “Nirmal Singh vs. Rattan Professional Education College (Society) and others”, the counsel for Insurance Company tendered into evidence the documents Exhibit R-1 to R-4. Verification of route permit by the investigator bearing endorsement of District Transport Officer, SAS, SUNIL DEVI 2026.07.20 17:21 I attest to the accuracy and integrity of this document FAO-3329-2019 (O&M) with XOBJC-24-2020 (O&M) & FAO-3330-2019 (O&M) -4- Nagar is Exhibit R-1, according to which the permit was valid from 28.02.2007 to 27.02.2012, whereas in the connected MACT case No.14/12.08.2016 titled “Sumari Devi and Ors. vs. Rattan Professional Education College (Society) and Ors.”, learned counsel representing respondent No.1 tendered into evidence Annexure R-1 to R-7. The route permit (Exhibit R-3) is with date of expiry 27.02.2012 and further extended up to 26.02.2017. No evidence was led by the Insurance Company. While deciding Issue No.4, learned Tribunal has failed to appreciate the said route permit (Annexure R-3) with extended date of route permit up to 26.02.2017 whereas the accident had occurred on 29.07.2016. At the time of filing present appeals, learned counsel representing appellant in both cases again placed on record the aforesaid route permit along with the information supplied through RTI Act 2005 confirming the deposit of payment of permit fee for the year 2015-16, 2016-17 and 2017-18. It is argued that recovery rights were wrongly allowed in favour of Insurance Company. 4. During the course of arguments, learned counsel appearing on behalf of Insurance Company has not disputed the aforesaid documents. 5. In the light of this, the findings given by the Motor Accident Claims Tribunal pertaining to Issue No.4 in MACT case No.14/12.08.2016 titled “Sumari Devi and Ors. vs. Rattan Professional Education College (Society) and Ors.” and MACT case No.16/02.09.2016 titled “Nirmal Singh vs. Rattan Professional Education College (Society) and others” are not sustainable in the eyes of law and the same are accordingly reversed. SUNIL DEVI 2026.07.20 17:21 I attest to the accuracy and integrity of this document FAO-3329-2019 (O&M) with XOBJC-24-2020 (O&M) & FAO-3330-2019 (O&M) -5- Issue No.4 in both the aforesaid Motor Accident Claims Tribunal cases are decided in favour of respondents No.1 and 2 and against the Insurance Company. Accordingly the relief granted by the Motor Accident Claims Tribunal granting recovery rights in favour of Insurance Company are accordingly set aside. With this observation, appeals preferred by the appellant/respondent No.1 in both the cases referred above are accordingly accepted and the Awards passed in both the cases are accordingly modified. 6. The cross objections were filed in FAO-3329-2019 regarding quantum of compensation awarded in MACT case No.14/12.08.2016 titled “Sumari Devi and Ors. vs. Rattan Professional Education College (Society) and Ors.” decided on 26.10.2017 seeking enhanced amount of compensation. However, despite repeated calls, nobody appeared on behalf of the Cross Objectors. Vide order dated 21.03.2022 passed by this Court, learned counsel representing Cross Objectors was reported to have expired. At the time of service of notice to cross-objectors, it was reported that Sumari Devi and her minor children had left the given address. Since nobody come forward to pursue the cross objections, therefore, the same are accordingly dismissed for want of prosecution. 7. The appellant/respondent No.1 had deposited Rs.25,000/- in both the cases at the time of filing the appeals. Appeals are accepted therefore, said amount be refunded back as per rules. Copy of this order be sent to the Tribunal concerned. SUNIL DEVI 2026.07.20 17:21 I attest to the accuracy and integrity of this document FAO-3329-2019 (O&M) with XOBJC-24-2020 (O&M) & FAO-3330-2019 (O&M) -6- 8. A photocopy of this order be placed on the file of other connected case. 9. Pending application(s), if any, also stand disposed off. 14.07.2026 (AMARJOT BHATTI) Sunil Devi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SUNIL DEVI 2026.07.20 17:21 I attest to the accuracy and integrity of this document