243 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 25.08.2025 United India Insurance Co Ltd ... Appellant Versus Saroj Rani and Others ... Respondents FAO-7572-2016 (O&M)

Saroj Rani and Another ... Appellants Versus Sanjeev Kumar and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Ram Avtar, Advocate for the appellant in FAO-5332-2016 and for respondent No.3 in FAO-7572-2016.

Mr. Maneet Kaushik, Advocate for Mr. Ashit Malik, Advocate for the appellants in FAO-7572-2016 and for respondent Nos.1 and 2 in FAO-5332-2016.

ALKA SARIN, J. (Oral)

1. Present order shall dispose off the above-captioned two appeals. The appeal being FAO-5332-2016 has been filed by the United India Insurance Co. Ltd. while the appeal being FAO-7572-2016 has been filed by claimants challenging the award dated 04.05.2016 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as the ‘Tribunal’) on account of death of Amarjit Singh (hereinafter referred to as the ‘deceased’). The parties are being referred to as the claimants, driver, owner and the Insurance Company for the sake of clarity.

2. The brief facts relevant to the present lis are that on 03.11.2014 at about 10.30 am the deceased alongwith Sanoj Yadav and Parmod Kumar was present near a water tap outside the main gate of Mukand Rice Mill on Kurukshetra-Yamuna Nagar Road in the area of village Ban, when a Tata-407 bearing registration No.HR-46-3957 (hereinafter referred to as the ‘offending vehicle’), which was being driven by Sanjeev Kumar at a high speed, in a rash and negligent manner and without blowing any horn, came from the side of Yamuna Nagar and hit the deceased and Parmod Kumar after coming on to the wrong side of the road as a result of which they both suffered multiple serious and grievous injuries. After causing the accident, the driver fled from the spot after leaving the offending vehicle there. The deceased was taken to CHC, Ladwa from where he was referred to LNJP Hospital, Kurukshetra but he succumbed to his injuries on the way. FIR No.215 dated 3.11.2014 was registered at Police station, Ladwa, District Kurukshetra under Sections 279, 337 and 304-A of the Indian Penal Code, 1860.

3. The driver of the offending vehicle filed the written statement raising various preliminary objections. It was stated that the accident had taken place due to the sole negligence of the deceased. The owner of the offending vehicle did not appear despite service and was proceeded against ex parte. Written statement was also filed by the Insurance Company. Besides the preliminary objections, it was averred in the written statement that the driver of the offending vehicle was not holding a valid and effective driving licence.

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

1. Whether the accident in question, which had taken place on 3.11.2014 and had resulted in death of Mewa Ram, was caused due to rash and negligent driving of respondent No.1 ? OPP

2. If issue No.1 is proved in affirmative, what would be the amount of compensation payable to the petitioners and by whom ? OPP

3. Whether respondent No.1 was not holding a valid and effective driving licence and the terms and conditions of the insurance policy were violated ? OPR-3

4. Relief.

5. The Tribunal awarded the following compensation :

Sr. No. Heads Compensation Awarded

1 Monthly income ₹9,900/-

2 Deduction 50% [₹9,900 – 4,950] = ₹4,950/-

3 Annual income [₹4,950 x 12] = ₹59,400/-

4 Multiplier – 17 [₹59,400 x 17] = ₹10,09,800/-

5 Loss of Estate ₹2,00,000/-

6 Funeral expenses and ₹25,000/-

transportation Total Compensation ₹12,34,800/-

Interest 9% per annum

6. None has put in appearance on behalf of the owner of the offending vehicle, despite service. Notice issued for the service of the driver of the offending vehicle was received back with the report that he was not residing at the given address and thereafter the Insurance Company did not take any steps t