ABHAY MANOHAR SAPRE, J. - (1.) LEAVE granted.
(2.) THESE Appeals are filed against the common final Judgment and Order dated 22.5.2014 passed by the High Court of Punjab and Haryana at Chandigarh in F.A.O. Nos.6935, 6937, 6977 of 201 i and 907 of 2012 (O&M) wherein the High Court partly allowed the Appeals of the Insurance Company and reversed the Award dated 13.9.2011 of the Motor Accident Claims Tribunal, Ambala in MACT Case Nos.97, 109 of 2008 and 28 of 2009 and exonerated the Insurance Company from the liability arising out of the accident.
(3.) FACTS of the ease lie in a narrow compass. They, however, need mention in brief to appreciate the short controversy involved in the Appeals. On 16.9.2008, Sheo Ram, Madan Mohan, and Mohindro Devi along with others were traveling in a Three -wheeler bearing Registration No.PH -1 1 -TC -468 from Naraingarh to Shahzadpur. Madan Mohan was driving the Three -wheeler on the left side of the road. At about 10.30 a.m., when the Three -wheeler reached near Bus Stop of Village Bharanpur on Naraingarh Shahzadpur Road, a Truck bearing Registration No.HR -37 -C -7937, which came from the opposite side, struck the Three -wheeler. Though its Driver Madan Mohan tried to avoid the accident by taking his vehicle on the extreme left side of the road, yet all the occupants of the Three -wheeler suffered, multiple injuries. The injured were taken to Civil Hospital. Naraingarh in private vehicles. Thereafter, Sheo Ram was referred to PGI Chandigarh where he succumbed to his injuries. A Criminal case bearing KIR No 88 dated 16.9.2008 wras registered against Jaipal, Driver of Truck No.HR - 17 -C -7937 at the Police Station, Shahzadpur, District Ambala for the commission of offence punishable under Sections 279, 337 and 304 -A of the Indian Penal Code, 1860 (hereinafter referred to as ' 'the Code ''). Madan Mohan, another injured, who was Driver of the Three -wheeler also died later at Civil Hospital, Naraingarh. Smt. Mohindro Devi, the third injured, also suffered a number of injuries in the accident and was shifted to Civil Hospital, Naraingarh but later she also died. Part 6 Rakesh Kumar v. United India Insurance Co. Ltd. (SC) (Abhay Manohar Sapre, J.);