RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. PRIYANKA DAS

JUDGEMENT

(1.) The Civil Appeals arise from the Order dtd. 24/1/2019 in FAO Nos. 3607 and 5444 of 2017 (O&M) of the High Court of Punjab and Haryana.

(2.) Civil Appeal No. 12085 of 2026 is at the instance of Reliance General Insurance Company Limited, and Civil Appeal No. 12086 of 2026 is at the instance of the Claimant.

(3.) On 10/4/2011 at around 05.30 P.M., an accident occurred near Brijghat Bridge between a motorcycle and a heavy goods vehicle bearing No. HR-55-2812. The motorcycle was driven by Sushant Prabhakaran, and Priyanka Das/Claimant was the pillion rider. The FIR narrates the accident, and the Chargesheet states that the heavy goods vehicle hit the motorcycle, causing the riders to fall, and the truck ran over Sushant Prabhakaran, resulting in his instantaneous death. The Claimant/pillion rider sustained grievous multiple injuries to vital parts of the body. FIR No. 198, dtd. 10/4/2011, was registered at Police Station Gadmukteshwar on the complaint received from passerby/third party Radhe Shyam Kaushik. The Civil Appeals are confined to the claim for compensation arising from the demise of Sushant Prabhakaran. At the time of his death, Late Sushant Prabhakaran was 33 years old and employed as Manager, Contact Centre, at Ericsson India Private Limited, DLF Cyber City, Gurugram. Sahadeov Prasad is the father, and Sandhya Prasad is the mother of the deceased. It was pleaded in the Claim Petition that the Claimant was the widow of Sushant Prabhakaran.