IN THE HI 210 National Insur Balwan & Oth National Insur Sehdev & Oth National Insur Shri Chand & O National Insur Chiriyan Devi National Insur Chiriyan Devi National Insur Chiriyan Devi E HIGH COURT OF PUNJAB AND HA nsurance Company Limited Vs. Others *** nsurance Company Limited Vs. Others *** nsurance Company Limited Vs. d & Others *** nsurance Company Limited Vs. evi & Others *** nsurance Company Limited Vs. evi & Others *** nsurance Company Limited Vs. evi & Others p. 1 D HARYANA AT CHANDIGARH Date of decision: 17.02.2025 FAO-1661-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1662-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1663-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1664-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1665-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1666-2008 (O&M) ...Appellant(s) 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document National Insur Zehro Devi & O National Insur Tamanna & Ot CORAM: Present:- NIDHI GUPTA, FAO-1661-200 Date of Accide Name of dece Age: 25 years Claimants: Bal Occupation: D Income: Rs.3,0 Died in an acc Kumar hit by referred to as *** nsurance Company Limited Vs. i & Others *** nsurance Company Limited Vs. & Others HON’BLE MS. JUSTICE NID Mr. Anil Chawla, Advocate for the petitioner. *** PTA, J. 2008 cident: 10.06.2005 eceased: Sunil ars (unmarried) : Balwan (father) and Ganga Devi (m n: Driver s.3,000/- per month accident while travelling in car No. by a truck bearing registration N o as “the offending vehicle”) by its p. 2 ...Respondent(s) FAO-1667-2008 (O&M) ...Appellant(s) ...Respondent(s) FAO-1668-2008 (O&M) ...Appellant(s) ...Respondent(s) NIDHI GUPTA ate (Death Case) i (mother) No.DL-4CF-4962 driven by Sunil n No.HR-61B-2126 (hereinafter y its driver Surinder. Car No.DL- 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document 4CF-4962 turn alive. The deceased after attendin was driven b opposite side and hit car N vehicles truck All the 8 decea FIR No.177 da against respon Compensation Funeral expen Total FAO-1662-200 Date of Accide Name of dece Age: 28 years Claimants: hus Occupation: Income: Rs.21 Compensation turned turtle and then caught fir sed and other family members wer nding a ceremony in car No.DL-4CF n by respondent No.3 in rash a side first struck one other Maruti r No.DL-4CF-4962 in which deceas uck and the car caught fire. eceased travelling in ill-fated Marut 7 dated 10.06.2005 under Sections spondent No.3 at Hansi. tion: Rs.72,000/- Rs.1,44,000/- penses: Rs.5,000/- Rs.2,21,000/- 2008 cident: 10.06.2005 eceased: Savitri ars husband and minor son n: housewife 21,00/- per month tion: 2,73,800/- p. 3 t fire. The deceased was burnt were returning from village Mali 4CF-4962. The offending vehicle h and negligent manner from ruti car bearing No. DL-1CF-608 ceased was travelling. Both the aruti car died on the spot. ions 279, 304-a, 427 IPC lodged (Death Case) 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document FAO-1663-200 Date of Accide Name of dece Age: 32 years Claimants: fath Occupation: Income: Rs.3,0 Compensation FAO-1664-200 Date of Accide Name of dece Age: 25 years Claimants: mo Occupation: h Income: Rs.21 Compensation FAO-1665-200 Date of Accide Name of dece Age: 1-1.5 yea Claimants: gra Compensation FAO-1666-200 2008 cident: 10.06.2005 eceased: Arjan Dev ars father and mother n: driver 3,000/- per month tion: Rs.3,89,000/- 2008 cident: 10.06.2005 eceased: Sumitra ars : mother-in-law, father-in-law and so n: housewife s.21,00/- per month tion: 2,73,800/- 2008 cident: 10.06.2005 eceased: Vikram years grandmother, grandfather and brot tion: 70,000/- 2008 p. 4 (Death Case) (Death Case) d son (Death Case) brother 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document Date of Accide Name of dece Age: 25 years Claimants: par Occupation: Income: Rs.2 Compensation FAO-1667-200 Date of Accide Name of dece Age: 24 years Claimants: par Occupation: h Income: Rs.21 Compensation FAO-1668-200 Date of Accide Name of dece Age: 7 years Claimants: 4 si Occupation: Compensation cident: 10.06.2005 eceased: Yudhister ars parents and minor son n: running flour mill s.24,00/- per month tion: Rs.3,12,200/- 2008 cident: 10.06.2005 eceased: Birmo Devi ars parents-in-law and three children n: housewife s.21,00/- per month tion: 2,73,800/- 2008 cident: 10.06.2005 eceased: Amit rs 4 siblings n: student tion: Rs.1,10,000/- p. 5 (Death Case) (Death Case) en (Death Case) 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document common orde are identical. 20.03.2008 pa 8 claim petitio Act (hereinafte compensation 3. deceased and after attending Kumar. When Colony, Bhim No.1 in a rash first struck wi No.DL- 4CF/49 and caught fi burnt. They di and the car ca removed and examinations Doctors. It ha Kumar son of a tyre punctur Both the present appeals a order as the date of accident, facts ical. All these claim petitions are 8 passed by Motor Accident Claims titions of the claimants under Sectio nafter referred to as “the Act”) have tion amounts have been awarded to Brief facts of the case a and other family members were ding a ceremony (Pilia) in a car whi hen their car was ahead to Hansi t him Hotel, the offending vehicle rash and negligent manner came fr k with one other Maruti Car No.D F/4962. Due to this impact car No ht fire. The occupants of the car y died at the spot as both the vehic ar caught fire. The dead bodies of and brought to General Hospital ons on their dead bodies were c t has been alleged that the acciden of Payare Lal, resident of Prem Na cture khokha near the place of acc p. 6 als are being disposed of by this acts and issues involved in them are filed against Award dated ims Tribunal, Hisar whereby the ection 166 of the Motor Vehicles have been allowed and different ed to the claimants therein. e are that on 10.6.2005 the ere returning from village Mali which was being driven by Sunil nsi towards Hisar side near Vakil being driven by respondent e from the opposite side and it o.DL-1CF/608 and then hit car r No.DL-4CF/4962 turned turtle car sustained fatal injuries and ehicles i.e. the offending vehicle s of all the eight deceased were ital, Hansi where postmortem re conducted by the Board of ident was witnessed by Krishan Nagar, Hansi, who was running accident and also by one Sajjan 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document son of Ram P chowkidar at petitioners re G.H. Hansi. Th due to rash a 10.6.2005, un respondent No 4. & documentar in the above s motor vehicul and negligent 5. assails the imp the deceased cylinder; wher was to be dri negligence ou admittedly, th as the same w made on beha 6. m Pal, resident of Peeranwali, Tehs at some fish pond. The relati s received the information about t i. The dead bodies were got identif sh and negligent driving of offendin , under Sections 279, 304-A, 42 t No. 1 at Police Station. City Hansi. The learned Tribunal on th ntary evidence adduced before it c ve said cases have died due to the i icular accident that took place on ent driving of the offending vehicle Learned counsel for the a impugned Award primarily on the sed were travelling bearing No.DL- hereas as per the Registration Cert driven by petrol. It is submitted ought to have been made by y, the car in which the deceased wer e was fitted with gas cylinder. It is ehalf of the offending vehicle insure No other argument is made p. 7 Tehsil and Distt. Hisar, who was elations of the deceased and ut the accident and reached at entified. The accident took place nding vehicle FIR No.177 dated 427 IPC was lodged against nsi. n the basis of pleadings and oral it concluded that the deceased he injuries suffered by them in a on 10.06.2005 due to the rash icle by its driver. e appellant-Insurance Company the ground that the car in which -4CF-4962 was fitted with LPG Certificate of the said, the same ted that therefore, contributory e by the learned Tribunal as were travelling burst into flames It is stated that no negligence is sured with the appellant. ade on behalf of the appellant. 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document 7. perused the ca 8. behalf of the a of the eyewitn fro I have heard learned cou e case file in great detail. I find no merit whatsoever the appellant-Insurance Company as witness PW3-Krishan Kumar that:- “17. Statements of Krishan Kum important piece of evidence for witnessed the occurrence. He deposed that in the year 2005 he shop in a khokha on Hansi-Hisar r Bhim Hotel. On 10.6.2005 at abo at his khokha. One Sajjan Chowkid present there. He saw a truck bea was coming from Hisar side. Th driving the truck in a rash and n into a maruti car bearing No.DL from Hansi side and going to Hi another car bearing No DL-4CF/4 The driver of the above said truck son of Partap Singh. resident of the car in a rash and negligent w car had fallen in a ditch and caug the car had burnt. He stated th persons, three ladies and two reached within 10-15 minutes an the dead bodies from the car. H was recorded by the police.” p. 8 counsel for the appellant and ever in the submission made on y as it is the categoric testimony - Kumar (eye witness) PW3 is for the decision of this issue. He He in his affidavit Ex.PW3/A 5 he was running a tyre puncture isar road, National Highway near about 6.15 p.m. he was present owkidar of Fishery Pond was also k bearing No.HR-61B/2126 which e. The driver of the truck was nd negligent manner and struck .DL-1CF/1608 which was coming to Hisar side. After lew minutes CF/4962 came from Hansi side. truck whose name was Surender t of Mehra, District Dadri struck nt wav, as a result of which the caught fire. All the occupants of ed that there were three male two children in the car. Police s and they managed to take out ar. He stated that his statement 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document 9. the claimants and does not h that the offe registration N No.DL-4CF-496 facts, it is clea cars. Therefor vehicle is clear 10. this Court to c the above disc 11. 17.02.2025 Sunena Whether spea Whether repo Moreover, in a proceeding nts has to be proven on the prepo not have to be proven beyond reaso offending vehicle at first struck n No.DL-1CF-608 whereafter it hit 4962 in which the deceased were clear that the offending vehicle ha efore, rash and negligent driving of clearly made out. Ld. Counsel for the petiti to controvert or dispute the above discussion, all the present appeals Pending application(s) if an peaking/reasoned: Yes/No eportable: Yes/No p. 9 ding under the Act, the case of reponderance of the probability easonable doubt. It is not denied truck the Maruti Car bearing hit the car bearing registration were travelling. From the above le had hit not only one but two g of the driver of the offending etitioner has shown nothing to ove facts and findings. In view of als are dismissed. if any also stand(s) disposed of. (Nidhi Gupta) Judge 9 SUNENA 2025.02.18 17:48 I attest to the accuracy and integrity of this document