UNITED INDIA INSURANCE COMPANY LIMITED Vs. GURTEK KAUR

JUDGEMENT

(1.) This appeal has been filed by the insurance company assailing the correctness of the award passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib (hereinafter after referred to as "the Tribunal") on 25.11.2020.

(2.) The claimant/respondent No.1 to 5 filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the 1988 Act") claiming compensation to the tune of Rs. 75,00,000/- on account of death of late Sh. Jaswant Singh in a motor vehicular accident on 12.12.2017. As per the case of the claimants, late Sh. Jaswant Singh was driving the motorcycle, whereas Smt. Gurtek Kaur (now his widow) was a pillion rider. At about 8.30/8.40 p.m., when they reached near PWD Rest House, a Mahindra XUV bearing registration No. PB-11-BE-0077, driven by Lakesh Kumar in a rash and negligent manner, came from the rear side and struck against the motorcycle and due to its impact, both the occupants fell on the road and received multiple grievous injuries. Late Sh. Jaswant Singh was immediately taken to Rajindra Hospital, Patiala. However, the doctor referred him to the Post Graduate Institute of Medical Education and Research, Chandigarh (hereinafter referred to as "the PGI, Chandigarh"). Late Sh.Jaswant Singh succumbed to his injuries on 12.12.2017 at the PGI, Chandigarh. The driver of the offending vehicle ran away from the spot after stopping for some time.

(3.) The driver and the owner of the offending vehicle contested the petition and claimed their false implication. Whereas the insurance company filed a written statement claiming that the claim petition is the result of collusion between the claimants and the driver and the owner.