Punjab-Haryana High Court
Cholamandalam Ms Gen Ins Co Ltd And Ors vs Jasvir Kaur And Ors on 13 May, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO-2234-2024 (O&M) 1
116
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-2234-2024 (O&M)
Reserved on : 08.05.2024
Date of decision : 13.05.2024
Cholamandalam MS General Insurance Company Ltd. ... Appellant(s)
Versus
Jasvir Kaur and Ors. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Vishal Aggarwal, Advocate for the appellant.
ALKA SARIN, J.
CM-8346-CII-2024
For the reasons stated therein, the delay of 36 days in filing the
present appeal is condoned. Application stands disposed off.
FAO-2234-2024
1. The present appeal has been preferred by the appellant-
Insurance Company challenging the award dated 12.12.2023 passed by the
Motor Accident Claims Tribunal, Fatehgarh Sahib.
2. Brief facts relevant to the present case are that on 26.02.2021
deceased Amanpreet Singh @ Aman Dhanoa was coming to his village after
attending the marriage of his friend - Ravinder Singh - in his Swift Car
bearing Registration No.PB23-M-7509. Jasvir Singh and Gurwinder Singh,
also residents of village Badali Ala Singh, were coming from the same
marriage in their Verna Car bearing Registration No.PB23-M-0053. They
integrity of this order/judgment.
were right behind Amanpreet Singh @ Aman Dhanoa. It was averred that
Amanpreet Singh @ Aman Dhanoa was driving the car at a slow speed and
on the correct left side. At about 01.30 AM when he reached near Arjun
Palace near Chunni Kalan, suddenly a Canter bearing Registration No.HR-
37-D-0180 came from the side of village Kamali. The driver, who was
driving the Canter in a rash and negligent manner, hit the car of Amanpreet
Singh @ Aman Dhanoa due to which the car of Amanpreet Singh @ Aman
Dhanoa collided with a tree. It was further averred that Jasvir Singh and
Gurwinder Singh were trying to get Amanpreet Singh @ Aman Dhanoa out
from his car when the Canter stopped. However, subsequently the driver of
the Canter fled from the spot. Amanpreet Singh @ Aman Dhanoa
succumbed to his injuries. FIR No.20 dated 26.02.2021 under Sections 279,
304-A of the Indian Penal Code, 1860 was registered at Police Station
Badali Ala Singh against the driver of the Canter (respondent No.2 herein).
The claim petition was contested by the owner and driver of the Canter
(respondent Nos.2 and 3 herein) as well as by the appellant-Insurance
Company inter-alia on the ground that a false case had been registered
against the vehicle. On the basis of the pleadings and the evidence on the
record the Tribunal awarded an amount of Rs.16,29,236/- as compensation
alongwith interest @ 7.5% per annum from the date of filing the claim
petition till the realization. Aggrieved by the same, the present appeal has
been filed by the appellant-Insurance Company.
3. Learned counsel for the appellant-Insurance Company would
contend that the case is a totally false case and that it was actually a hit-and-
run case. The learned counsel for the appellant-Insurance Company would
integrity of this order/judgment.
further contend that the FIR was against an unknown vehicle. It is further the
contention of the learned counsel that Jasvir Singh who had seen the
accident was present at the spot and hence there was no question of him not
seeing the number of the vehicle.
4. I have heard the learned counsel for the appellant-Insurance
Company.
5. In the present case Jasvir Singh, who was the eye-witness,
stepped into the witness box as CW1 and deposed qua the accident.
Gurwinder Singh stepped into the witness box as CW2 and reiterated the
version of Jasvir Singh, CW1. There is no reason forthcoming for
disbelieving the statements of the two eye-witnesses. The Tribunal
categorically held that the statements of CW1 and CW2 were duly
corroborated by the documentary evidence on the record. The driver and
owner (respondent Nos.2 and 3 herein) of the Canter did not choose to step
into the witness box to deny the averments on oath or to depose that the
accident had not taken place. No other point was argued.
6. In view of the above, I do not find any merit in the present
appeal which is accordingly dismissed. Pending applications, if any, also
stand disposed off.
13.05.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
