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VINIT KUMAR MATHUR
Chief Manager – Appellant
Versus
Jagmeet Kaur – Respondent
JUDGMENT
1. With the consent of learned counsel for the parties, the matters are being heard and decided finally.
2. The present appeals arise out of the common judgment dated 12/07/2016 passed by the Motor Accident Claims Tribunal, Hanumangarh in Motor Accident Claims Case Nos. 492/2015 & 556/2015.
3. Vide judgment and award dated 12/07/2016, the claimants have been awarded a sum of Rs.9,90,000/- on account of the death of the deceased Hardeep Singh and Rs.93,610/- on account of the injuries suffered by Jagmeet Kaur in the accident which occurred on 04/02/2015.
4. The Tribunal after framing the issues, evaluating the evidence and hearing learned counsel for the parties decided the claim petitions vide its judgment and award dated 12/07/2016 as stated hereinabove.
5. Learned counsel for the appellants submitted that while adjudicating the claim applications of the claimants, the factors taken into consideration by the Tribunal are in-conformity with the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in (2017) SC 5157. The finding on the quantum does not suffer from any infirmity.
6. Learned counsel submits that as far as the
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 main legal point established in the judgment is the determination of liability in a motor vehicle accident case based on the correct side of the road for driving and the application of factors fo....
Liability for motor vehicle accidents hinges on establishing negligence, interpreted through police findings and evidence, where preponderance of probabilities guides the decision.
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 standard of proof in motor accident claim cases is one of the preponderance of probabilities rather than principles beyond a reasonable doubt.
The main legal point established in the judgment is the determination of negligence under the Motor Vehicles Act, specifically in the context of a road accident involving a luxury bus and a Maruti Ze....
Liability of RSRTC for rash and negligent driving, and the justness of the interest awarded based on the judgment of the Hon'ble Supreme Court.
Court upheld the principle of contributory negligence, confirming both parties were liable in an accident, and instructed re-computation of compensation per relevant guidelines.
The main legal point established in the judgment is the determination of liability for a fatal accident under the Motor Vehicles Act and the assessment of compensation based on the income of the dece....
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