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VINIT KUMAR MATHUR
Cholamandalam Ms General Insurance Co. Ltd – Appellant
Versus
Sohan Kanwar – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present appeal has been preferred by the appellant/Insurance Company against the judgment and award dated 26/11/2020 passed by Motor Accident Claims Tribunal, Pali in Motor Accident Claims Case No.101/2018, whereby an amount of Rs.18,84,400/- has been awarded to the claimants/respondents on account of death of Wag Singh in the accident which occurred in the intervening night of 31/12/2017-01/01/2018.
2. The Tribunal, after framing the issues, evaluating the evidence on record and hearing counsel for the parties, decided the claim petition of the claimants/respondents.
3. Heard learned counsel for the parties.
4. Learned counsel for the appellant/Insurance Company has attacked the finding of the Tribunal on issue No.1 on the ground that learned Tribunal has not evaluated the evidence in the correct perspective and, therefore, has erred while recording the finding on issue No.1 against the present appellant.
5. Learned counsel further submits that as per the site plan prepared by the Police during the course of investigation, it is borne out that the Jeep was being driven by Wag Singh on the wrong side. He submits that the road on which the accident t
The court established that the burden of proof for negligence lies with the claimant, and proper assessment of income is crucial in compensation claims.
The main legal point established in the judgment is the evaluation of compensation in motor accident claims, including the burden of proof for contributory negligence and the principles for assessing....
The burden of proof in establishing negligence in motor accident claims, the admissibility of evidence, and the assessment of compensation based on the deceased's income tax returns.
The court established that corroborative evidence and witness testimony are crucial in determining negligence in motor vehicle accident claims.
words used are ’below 40 years’ and unless it is clarified that the deceased was below 40 years, addition of 40% is not possible.
The insurance company is liable to pay compensation for the injuries sustained by the petitioner due to the rash and negligent driving of the driver of the insured vehicle.
Negligence in motor vehicle accidents is determined by adherence to traffic regulations, and findings supported by credible evidence, such as police site plans, are critical in establishing liability....
The court established that the burden of proof in negligence claims is on the claimants, requiring only a preponderance of probability to establish liability.
The main legal point established in the judgment is the application of principles of negligence and contributory negligence in motor accident cases, along with the determination of compensation for f....
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