236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 15.09.2025 New India Assurance Company Ltd. ... Appellant Versus Sarabjit Kaur and Others ... Respondents FAO-1802-2014 (O&M)

New India Assurance Company Ltd. ... Appellant Versus Sarabjit Kaur and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Ashwani Talwar, Advocate for the appellant in both the appeals.

Mr. Parvez Chugh, Advocate for respondent No.3 in FAO-1801-2014 and for respondent No.4 in FAO-1802-2014.

ALKA SARIN, J. (Oral)

1. This order shall dispose off both the above-captioned appeals filed by the Insurance Company challenging the awards dated 16.01.2014 passed by the Motor Accident Claims Tribunal, Sri Muktsar Sahib (hereinafter referred to as the ‘Tribunal’) in claim petitions being MACT-11-2012 and MACT-12-2012 filed by the claimant-Sarabjit Kaur.

2. The only ground for filing the present appeals is that it was held to be a case of composite negligence. Though the Insurance Company has paid the entire amount of compensation to the claimants, however, it is unable to recover the same from the joint tortfeasor inasmuch as the Tribunal has failed to determine the exten