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NAVIN CHAWLA
Tata Aig General Insurance Company Ltd. – Appellant
Versus
Prakash Narain Sharma @ Prakash Sharma – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
CM APPL. 48282/2023
1. For the reasons stated in the application, the delay of 92 days in filing the appeal stands condoned.
2. The application stands disposed of.
CM APPL. 48281/2023
3. This application has already been allowed vide order dated 18.09.2023. The same should not be shown in the Cause List.
MAC.APP. 435/2023 & CM APPL. 48280/2023
4. This appeal has been filed by the appellant challenging the Award dated 15.03.2021 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal-01 (West), Tis Hazari Courts, Delhi (hereinafter referred to as the `Tribunal') in MACT Case no.242/2021, titled Prakash Narain Sharma@ Prakash Sharma and Anr. v. Mohit Bhatia and Anr..
5. In the Claim Petition, it was the case of the respondent nos.1 and 2 herein that on 10.06.2021 at about 7:35 pm, at near Round about, Red Light, upper side of underpass, Rohtak Road, Punjabi Bagh, Delhi, when the deceased- Sh.Ankit Sharma was coming back to his home after finishing his duty on a scooty bearing no.DL-8S-BH- 1161, the deceased was hit by the offending vehicle, that is a WagonR Car, bearing registration no.DL-2C-AL-9628. Due to the a
In motor vehicular accident cases, claimants are not required to prove their case beyond all reasonable doubts but only on the touchstone of preponderance of probability.
The burden is on the claimants to prove negligence in a claim petition under the M V Act.
The testimony of an eyewitness can be credible even if not cited in the Chargesheet, and sufficient evidence can establish the involvement and negligence of the offending vehicle.
Liability of the owner of the offending vehicle to pay compensation to the road accident victim under the Motor Vehicles Act, 1988, despite the transfer of the vehicle to a third person.
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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