207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 24.02.2026 United India Insurance Co. Ltd. ... Appellant Versus Smt. Jinnt and Others ... Respondents

207-1 FAO-1454-2025 (O&M)

Jinnt and Others ... Appellants Versus Kapoor Alam Khan and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Lalit Garg, Advocate for the appellant in FAO-3688-2024 and for respondent No.3 in FAO-1454-2025.

Mr. Digvijay, Advocate for Mr. Ashish Gupta, Advocate for the appellants in FAO-1454-2025 and for respondent Nos.1 to 9 in FAO-3688-2024.

ALKA SARIN, J. (Oral)

1. This order shall dispose off the above-captioned two appeals. The appeal being FAO-3688-2024 has been filed by the Insurance Company and the appeal being FAO-1454-2025 has been filed by the claimants, both aggrieved by the award dated 05.04.2024 passed by the Motor Accident Claims Tribunal, Nuh (hereinafter referred to as ‘Tribunal’) on account of death of Yasir (hereinafter referred to as the ‘deceased’). The parties are being referred to as the claimants, Insurance Company and driver of the offending vehicle for the sake of clarity.

2. The brief facts relevant to the present lis are that on 03.09.2022 at about 07.00 pm, Imran alongwith the deceased went to Patan Udaipuri for purchasing vegetables. They were returning to their hotel on their motorcycles and when they reached midway of Doha Chowk and Patan Udaipuri, a motorcycle bearing registration No.HR-28H-4975 (hereinafter referred to as the ‘offending vehicle’) which was being driven by Kapoor Alam Khan (respondent No.1) herein in rash and negligent manner and at very high speed came from Doha Chowk side and directly hit the deceased. As a result of the accident, the deceased fell on the ground. Imran noted down the registration number of the offending vehicle. After the accident the driver of the offending vehicle fled away from the spot. The deceased was taken to Government Hospital Mandikhera from where he was referred at SHKM, Nalhar and further to SMS, Hospital, Jaipur, however, he succumbed to his injuries. The postmortem of the deceased was conducted in Government Hospital, Mandikhera. The matter was reported to the police and FIR No.327 dated 04.09.2022 was registered at Police Station Ferozepur Jhirka under Section 279 and 304-A of the Indian Penal Code, 1860 against the driver of the offending vehicle.

3. On the basis of pleadings of the parties, the following issues were framed :

1. Whether the respondent No.1, caused accident in question on 03.09.2022, at about 07.000 PM, by driving offending vehicle Motorcycle, bearing registration No.HR-28H-4975, in a rash and negligent manner resulting into causing death of Yasir son of Bhurmal, as alleged ? OPP

2. If issue No.1, is proved, to what amount of compensation petitioners are entitled to and from whom ? OPP

3. Whether the respondents No.1 & 2 have violated the terms and conditions of the insurance policy, if so, to what effect ? OPR-3

4. Relief.

4. The Tribunal in the present case had awarded the following compensation holding the offending vehicle to have been rash and negligent while driving the same :

5. Learned counsel for the Insurance Company would contend that it has come in evidence that it was a case of a head-on collision and it was the deceased who himself was responsible for the accident. Learned counsel for the Insurance Company would further contend that both in the FIR and in the statement of Imran, who had appeared as PW2, it was stated that it was a case of a head-on collision and therefore the deceased himself was negligent and, in the alternative, it it is contended that it was a case of contributory negligence. Learned counsel for the Insurance Company has further contended that a deduction of 1/5^th has wrongly been applied which ought to be 1/3^rd as the deceased was survived by his father and his brothers would have been dependent on the father and not on the deceased.

6. Learned counsel appearing on behalf of t