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SURYA KANT, J. B. PARDIWALA
Pawan Kumari – Appellant
Versus
Satpal Singh – Respondent
ORDER
1. Leave granted.
2. The unfortunate claimants, who lost their source of sustenance in a motor accident, have approached this Court by way of present appeal. They filed a Claim Petition before the Motor Accident Claims Tribunal, Gurgaon (for short, 'the Tribunal') seeking compensation for the death of Subhash Yadav in a motor vehicular accident. The Tribunal dismissed the said petition vide Award dated 07.02.2013. The poor claimants went in appeal but their first appeal has also brushed aside by the High Court of Punjab and Haryana at Chandigarh vide order dated 18.11.2019.
3. Some of the admitted facts are that FIR No.30 dated 14.02.2012, under Sections 279/227/304A IPC, was duly registered in respect of the fatal accident at Police Station Baswa, District Dousa(Rajasthan). The driver and owner of the vehicle are facing trial which is stated to be pending. The postmortem report also clearly establishes that the deceased Subhash Yadav died on account of the injuries suffered in a motor Vehicular accident. In light of these admitted facts and in view of the scope of the powers conferred upon the Tribunal under the Motor Vehicles Act, 1988, we fail to understand the logic which pr
The adjudication of motor accident claims under the Motor Vehicles Act, 1988 should be based on merits and in accordance with the law, without being influenced by irrelevant considerations.
The burden is on the claimants to prove negligence on the part of the driver, and the standard of proof beyond reasonable doubt cannot be applied while considering the petition seeking compensation f....
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