SUDEEPTI SHARMA J.
1. The present appeal has been preferred by the appellant-Insurance
Company against the award dated 24.04.2025 filed under Section 166 of the Motor
Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Rupnagar (for
short, ‘the Tribunal’) on the ground that the liability to pay compensation to the
tune of Rs. 2,86,05,570/- has been wrongly fixed upon the appellant-Insurance
Company as well as quantum of compensation being on higher side.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 10.08.2023, Prinshu Jain (since
deceased) along with his parents, went for walk after taking dinner, outside their
house at Ajauli Morh to Village Malukpur Link Road on the extreme left side of
the road. Prinshu Jain was walking along with the right side of his father. When
they reached near Riale Gas Factory, it was about 08:45 P.M., in the meantime, one
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Innova Car bearing registration No.PB-02-BJ-0613, came from opposite direction
i.e. from Ajauli Morh side, which was being driven by its driver in a rash and
negligent manner, without blowing any horn and hit into Prinshu Jain due to which
he fell on the road. The father of Prinshu Jain (since deceased) raised hue and cry
on hearing the same, number of persons gathered at the spot. Thereafter, with the
help of persons, Prinshu Jain (since deceased) was taken to Civil Hospital, Nangal
where the doctor declared him brought dead. It has been mentioned in the petition
that FIR No.0118 dated 11.08.2023 was registered under Section 279, 304-A IPC at
Police Station Nangal.