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NAVIN CHAWLA
National Insurance Co. Ltd. – Appellant
Versus
Ravi Kumar Arora – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
CM APPL. 37251/2023 (Exemption)
1. Allowed, subject to all just exceptions.
MAC.APP. 359/2023 & CM APPL. 37250/2023
2. This appeal has been filed challenging the Award dated 20.05.2023 passed by the learned Motor Accidents Claims Tribunal, South, Saket Courts, New Delhi (hereinafter referred to as the `Tribunal') in MACP No.413/2017, titled Ravi Kumar Arora v. Sudhir & Ors., allowing the claim petition of the respondent no.1 and awarding the compensation of Rs.19,84,923/- alongwith interest at the rate of 6% per annum to the respondent no.1/claimant.
3. It was the case of the respondent no.1 before the learned Tribunal, which has been accepted by the learned Tribunal in its Impugned Award, that on 13.12.2016 at around 3.00 p.m., the respondent no.1 alongwith his wife Priyanka were going from his village Garhi Pukhta towards his residence at Delhi riding on his motorcycle. When they reached P.N. Sharma Park, Baraut, UP, a truck bearing registration no. HR-38Q-1947 (hereinafter referred to as the `Offending Vehicle'), being driven in a rash and negligent manner, hit the bike from behind due to which they suffered injuries. The injury suffered by the r
The burden is on the claimants to prove negligence in a claim petition under the M V Act.
The charge of rash and negligent driving is to be proved on the touchstone of preponderance of probabilities and not beyond reasonable doubt, and the comprehensive/package insurance policy covering t....
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