2019 (193 )AIC81 (S.C. ), 2019 (132 ) ALR 745 , 2018 (2 ) An.W.R. 457 (SC ), 2018 6 AWC6373 SC , 2019 (2 ) CPR 80 (SC ), 2018 INSC 828 , 2018 (4 )J.L.J.R.230 , 2018 (3 )JKJ169 [SC ], 2019 (4 )MhLj1 , 2018 (4 )PLJR229 , (2019 )193 PLR213 , 2018 (4 )RCR(Civil)333 , 2018 (11 )SCALE247 , (2018 )18 SCC130 , 2018 (8 ) SCJ 338 , [2018 ]11 SCR664 , 2018 (4 )TAC345 , 2018 (4 ) WLN 89 (SC ), ,MANU/SC/1012/2018
Rohinton Fali Nariman#Indu Malhotra#23527SC3800Judgment/OrderACC#ACC#ACJ#AIC#ALR#An.W.R.#AWC#CPR#INSC#JLJR#JKJ#MANU#MhLJ#PLJR#PLR#RCR (Civil)#SCALE#SCC#SCJ#SCR#TAC#WLNIndu Malhotra,Insurance#InsuranceSUPREME COURT OF INDIA2018-9-212567 -->
MANU/SC/1012/2018
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 9581 of 2018 (Arising out of SLP (C) No. 3192 of 2018)
Decided On: 18.09.2018
Appellants: Magma General Insurance Co. Ltd. Vs. Respondent: Nanu Ram and Ors. ..(+)
Hon'ble Judges/Coram:
Rohinton Fali Nariman and Indu Malhotra JUDGMENT
Indu Malhotra, J.
Leave granted.
1. This Special Leave Petition has been filed by the Insurance Company to challenge the compensation awarded on certain counts by the Punjab & Haryana High Court in FAO No. 6943 of 2015 dated 27.09.2017, to be contrary to the Constitution Bench judgment in National Insurance Co. Ltd. v. Pranay Sethi 
MANU/SC/1366/2017 : (2017) 16 SCC 680.
2. The factual matrix of the present case, briefly stated, are as under:
On 01.12.2013, the deceased was riding his motorcycle (Registration No. HR-71B-7681) from Ambli Village to Arjun Majra Village. A relative of the deceased-Mr. Rakesh Kumar was following him on a separate motorcycle on the Sadhaura-Naraingarh Road. A Renault car bearing Registration No. HR-02-AB-4646 driven by Respondent No. 3, came from the side, and hit the motorcycle driven by the deceased. The accident was witnessed by Mr. Rakesh Kumar.
As a result of the accident, the deceased fell and sustained multiple injuries. He was taken to the Government Hospital, Naraingarh from where he was referred to PGI, Chandigarh. On 02.12.2013 the victim was taken to Government Hospital, Panchkula where the doctors declared him dead.
On the same day, F.I.R. No. 337 was registered at Police Station, Naraingarh on the statement of Mr. Rakesh Kumar who was an eye-witness to the accident.
3. The father, brother, and sister of the deceased filed Claim Petition Under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accidents Claim Tribunal, Yamuna Nagar ("hereinafter referred to as MACT") praying for compensation of Rs. 50,00,000 along with Interest from the date of the accident till the date of realization.
Mr. Rakesh Kumar, the eye-witness was examined before the MACT. He deposed stated that the accident occurred due to the rash and negligent driving of Respondent No. 3.
The MACT after considering the evidence placed on record, came to the finding that the accident took place due to the rash and negligent driving of Respondent No. 3.
The deceased was 24 years old, and was engaged in the busines........