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FAO-2651-2025 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-2651-2025 (O&M)

NEW INDIA ASSURANCE COMPANY LTD

..Appellant

Versus

USMANI AND OTHERS

..Respondents

Reserved on: 11.12.2025

Date of decision: 31.01.2026

Uploaded on: 04.02.2026

Whether only the operative part of the judgment is pronounced? NO

Whether full judgment is pronounced? YES

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present: Mr. R.C. Kapoor, Advocate

for the appellant.

Mr. Ashish Gupta, Advocate

for respondent No.1 to 3 & 7.

SUDEEPTI SHARMA, J. (Oral)

1. The present appeal has been filed by the appellant-Insurance

company against the award dated 24.01.2025 passed in a claim petition filed

under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident

Claims Tribunal, Nuh (for short, 'the Tribunal'), wherein the appellant-

Insurance company was fastened with the liability to pay the compensation

of Rs.17,85,632/- to the claimants along with interest @ 7% per annum from

the date of filing of claim petition till recovery.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 22.02.2022 at about 9.00 AM,

complainant Shahid S/o Sher Mohd. was going towards his field via Nuh-

Hodal road baram on foot. In the meantime, offending vehicle which was

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being driven by respondent No.1 was going to Ujina side from Bibipur side.

The deceased was sitting as pillion rider on the offending vehicle and was

telling to respondent No.1 to drive the same in slow and careful manner but

the respondent No.1 turned offending vehicle in rash and negligent manner

under the bridge of Mumbai Highway. Due to this impact, the deceased fell

down from offending vehicle and received fatal and grievous injuries on his

body. The complainant noted down the registration number of the offending

vehicle. Many persons gathered at the spot and asked the name of driver of

offending vehicle, who told his name as Juber son of Ikbal R/o Adbar. The

complainant stopped three-wheeler and took respondent no.1 to hospital but

deceased Iliyas died in SHKM Govt. Medical College, Nalhar. The

postmortem of the deceased was conducted. The matter was reported to the

police and FIR No.104 dated 25.02.2022 was registered in Police Station

Sadar Nuh under Section 279 / 304A of Indian Penal Code, 1860 against the

respondent No.1.

3. Upon notice of the claim petition, respondents therein appeared

and contested the claim petition by filing separate written statement denying

the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the

following issues:-

“(1) Whether the accident in question resulting into death

of Ilyas S/o Nasru, took place due to rash and negligent

driving of vehicle bearing registration No. HR-27L-3638

by its driver-respondent No.1? OPP.

(2) If issue No.1, is proved, whether the petitioners are

entitled to get compensation on account of death in said

accident and if so, how much and from whom? OPP

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(3) Whether the offending vehicle has contravened,

violated, infringed or breached the terms and conditions

of insurance policy? OPR3

(4) Whether the offending vehicle was not involved in

alleged occurrence ?OPR-3

(5) Relief ”

5. Thereafter, both the parties led their evidence in support of their

respective pleadings.

6. After taking into consideration the pleadings and the evidence

on record, the learned Tribunal awarded compensation to the claimants.

However, the liability to pay compensation was fastened upon the appellant-

Insurance Company. Hence, the present appeal.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES:

7. Learned counsel for the appellant–Insurance Company submits

that the learned Tribunal has committed a manifest error in holding that the

accident occurred on account of the rash and negligent driving of the

offending vehicle. He further contends that the finding on issue of negligence

is unsustainable, as the materia