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NEENA BANSAL KRISHNA
Oriental Insurance Co Ltd – Appellant
Versus
Meeta Sharma – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. An Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed on behalf of the Insurance Company against the Award dated 03.06.2016 vide which the compensation in the sum of Rs.44,29,680/-along with interest @ 9% per annum has been awarded to the Respondent No.1 and 2 on account of the demise of Dr. Manoj Kumar, aged 39 years, husband of Respondent No.1 Smt. Meeta Sharma.
2. The Insurance Company has challenged the Award on the following grounds :
(ii) the Notice under Section 133 Motor Vehicle Act was given to one Shri Satish Kumar Sharma, even though the registered owner of the vehicle was Shri Brahmanand.
3. It is argued there is no cogent explanation forthcoming as to why Shri Ashok Kumar the alleged eye witness approached the Police after one year.
In fact, the number of the offending vehicle was not known as it was a “hit and run” case, but subsequently the alleged offending vehicle has been involved only for the purpose of claiming compensation.
4. It is further submitted that though PW3 Ashok
The acquittal of a driver in a criminal case does not negate civil liability for negligence established through sufficient evidence.
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.
The court ruled that compensation claims under the Motor Vehicles Act are assessed on preponderance of probabilities, where judicial findings on negligence based on eyewitness testimony are sufficien....
The court affirmed that eyewitness testimony suffices to establish vehicle involvement in accident claims, upholding the MACT's award despite insurers' challenges.
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 main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
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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