IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 119 FAO-5565-2025 (O&M) Date of Decision.:22.09.2025 Akshay Kumar and Another …..Appellants Vs. Amarjeet Kaur and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. S.S. Sahu, Advocate for the appellants. **** DEEPAK GUPTA, J. (ORAL) In a claim peon filed under Secon 166 of the Motor Vehicles Act, 1988, compensaon of ₹17,66,700/- has been awarded by learned MACT, Fatehabad on the peon filed by the legal representaves of the deceased Jangir Singh against driver and owner of the offending vehicle, as the vehicle was not insured at the relevant me. 2. The driver and owner of the offending vehicle have approached this Court by way of the present appeal, assailing the award. 3. The only contenon raised by learned counsel for the appellants is that death of Jangir Singh occurred not due to the accidental injuries and rather, due to the COVID-19 infecon. 4. A6er perusing the paper-book, this Court does not find merit in the contenon. 5. The postmortem report as made available on record by the appellant would reveal that the cause of death has been opined as: NEETIKA TUTEJA 2025.09.23 16:43 I attest to the accuracy and integrity of this document FAO-5565-2025 (O&M) -2- “cause of death in this case is failure of vital funcon of lung as a result of complicaons arisen due to injury to the neck concomitant with COVID 19 infecon which is sufficient to cause death in ordinary course of nature”. 6. The accident had taken place on 25.04.2021 and Jangir Singh in injured condion was admi<ed to Sarvodya Hospital, Hisar on the same day as per the tesmony of Dr. B.R. Bagri (Annexure A-2). This tesmony would reveal that paent Jangir Singh was diagnosed as C4-C5 Cervical Spine injury with cord contusion with quadriplegia, fracture of neck and sha6 (Intra-capsular) and femur and patella (right) fracture, Covid Rapid Angen. During treatment, Jangir Singh expired on 30.04.2021 and the postmortem examinaon was conducted on 01.05.2021. 7. The tesmony of Dr. B.R. Bagri read with the postmortem report leaves no doubt that numerous accident injuries were suffered by Jangir Singh on 25.04.2021 itself. Simply because he was also found infected with Covid-19, cannot be a reason to presume that death occurred only for covid-19 and not for the accidental injuries. 8. As such, this Court does not find any merit in the present appeal. No other point was urged. Dismissed. All the miscellaneous applicaon(s), if any, stand disposed of. ( DEEPAK GUPTA ) JUDGE September 22, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.09.23 16:43 I attest to the accuracy and integrity of this document