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SANDEEP SHARMA
Oriental Insurance Company Limited – Appellant
Versus
Sheela Devi, W/o. Shri Tonk Ram – Respondent
JUDGMENT :
Instant appeal filed under Section 173 of the Motor Vehicles Act ( for short ‘Act’),lays challenge to award dated 1.04.2017, passed by Motor Accident Claims Tribunal-I, Solan, District Solan, H.P., in M.A.C. No.24-S/2 of 2015, whereby learned Tribunal below while allowing the claim petition, having been filed by respondent-claimant (hereinafter referred to as the ‘claimant’) claiming therein compensation on account of death of Daya Nand i.e. son of the respondent-claimant in an accident, which took place on 28.12.2014, near Ded Gharat, Kandaghat involving truck/vehicle bearing registration No. HR-38-M-5943, owned by respondent No.1, driven by respondent No.2 and insured with appellant-respondent No.3, awarded compensation to the tune of Rs.9,14,000/- alongwith interest at the rate of 7.5% per annum from the date of filing of the petition till its realization in favour of the respondent-claimant. Since appellant-Insurance Company came to be saddled with liability to pay compensation being insurer of the ill-fated vehicle involved in the accident, it has approached this Cour
Rash and negligent driving is sine qua non for maintaining claim petition seeking compensation in terms of provisions of Section 166 of Motor Vehicles Act held that plea of negligence set up by claim....
The main legal point established in the judgment is the requirement for positive evidence to establish the cause of death in compensation claims under the Motor Vehicles Act, and the calculation of c....
The insurance company is liable to pay compensation to the deceased's family if the accident is caused by the negligence of the driver of the insured vehicle.
In motor accident claims, the standard of proof is the preponderance of probability. Income assessment should rely on the latest statutory tax returns, and compensation must include the value of mana....
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