UNITED INDIA INSURANCE CO. LTD. Vs. RAJINDER KAUR

JUDGEMENT

(1.) The present appeal has been filed by the appellant- Insurance company against the award dtd. 18/3/2025 passed in a claim petition filed under Sec. 163-A of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Bathinda (for short, 'the Tribunal'), wherein the claim petition filed by the claimants was allowed and appellant-Insurance company was made liable to pay at first instance and recovery rights were granted to recover the same from respondent No.1 to 4 jointly and severally.

(2.) Brief facts of the case are that that on 16/8/2017, Harmanpreet Singh, had gone to Rose Marry School, Balluana when he was coming back alongwith his colleagues namely Jagdeep Singh and Dharmpreet Singh on motor cycle being driven by Harmanpreet Singh and they were being followed by Jagjit Singh (claimant no. 2) father of Harmanpreet Singh, who (father) had gone to school to enquire about the study of Harmanpreet Singh. When they reached on main road, then bus no. PB-03AJ-6874 was coming from backside being driven by its driver respondent no. 1 in a rash and negligent manner without giving any horn/signal struck the motor cycle, due to which motorcycle fell down and all the occupants also fell on the ground and received injuries and in the meantime school bus/van came there and took the injured to Civil Hospital, Bathinda, where Harmanpreet Singh succumbed due to head injury, which was caused by the respondent No.1 while driving the abovesaid vehicle on very high speed in a rash and negligent manner and out of use of the motor vehicle. The pillion riders who also received serious injuries were referred to Kalra Hospital, Bathinda.

(3.) Upon notice of the claim petition, respondents appeared and contested the claim petition by filing their separate written replies denying the factum of accident/compensation.