Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(P&H) 2837

IN THE HIGH COURT OF PUNJAB AND HARYANA
Darshan Singh, J.
Suman & Others - Appellants
Vs.
Somveer & Others - Respondents
FAO No. 9080 of 2014
Decided On : 27-04-2016

Advocates:
Advocate Appeared:
For the Appellants : S.S. Kharab, D.K. Prajapati, R.S. Madan
For the Respondents: S.S. Kharab, P.K. Hooda, P.K. Hooda, Lalit Kumar Gupta, Lalit Kumar Gupta, D.K. Prajapati, R.S. Madan

The main legal point established is the application of the standard of proof in civil cases, emphasizing preponderance of probabilities, and the need for evidence to establish the liability of the insurance company.

Headnote:
Motor Vehicle Accident - Compensation - Indian Penal Code, 1860 (IPC) - [279, 337, 304-A] - The court discussed the involvement of the vehicle, negligence of the driver, and the liability of the insurance company. It highlighted the standard of proof in civil cases and the relevance of preponderance of probabilities. The court also emphasized the need for evidence to establish the loss of a cover note and the liability of the insurance company.
Fact of the Case:

The case involved a motor vehicle accident resulting in the death of Pawan. The claimants sought compensation, while the insurance company disputed its liability.
Finding of the Court:

The court found that the accident occurred due to the negligence of the tractor driver, leading to the death of Pawan. It also held the insurance company liable for the compensation, emphasizing the need for evidence to establish the loss of a cover note.
Issues: The issues included the cause of the accident, entitlement to compensation, infringement of insurance policy conditions, and relief.
Ratio Decidendi: The court applied the standard of proof in civil cases, emphasizing preponderance of probabilities. It also highlighted the need for evidence to establish the loss of a cover note and the liability of the insurance company.
Final Decision: The court allowed the appeal by the claimants, awarding enhanced compensation and dismissing the appeal by the insurance company.

Judgement Key Points

Key Points:

The case concerns a motor vehicle accident resulting in the death of Pawan, with the claimants seeking compensation and the insurance company disputing liability (!) (!) .
The court established that the standard of proof in civil cases is based on preponderance of probabilities, which requires evidence to demonstrate the liability of the insurance company and involvement of the vehicle (!) (!) .
Evidence, including eyewitness testimony from an injured witness and criminal proceedings, supports the conclusion that the accident was caused by the rash and negligent driving of the tractor by respondent No.1, leading to the death of Pawan (!) (!) .
The criminal case against the driver was initiated and a charge sheet was filed, but the driver was later acquitted; however, the court emphasized that criminal acquittal does not automatically negate civil liability, as the standards of proof differ (!) (!) .
The court found that the involvement of the insured vehicle was sufficiently established through the testimony of injured witnesses and documentary evidence, despite initial disputes over the vehicle's insurance coverage (!) (!) .
The deceased was approximately 23 years old, and the court determined the income based on the evidence presented, applying appropriate multipliers and deductions for dependency and future prospects (!) (!) .
The court awarded a higher compensation amount than the original tribunal, considering the deceased’s age, earning capacity, and the dependents’ entitlement to damages for loss of love, affection, consortium, and funeral expenses (!) (!) .
The insurance company contested its liability, arguing that the relevant cover note was lost and not issued, but the court found sufficient evidence to establish that the vehicle was insured at the time of the accident, thereby holding the insurance company liable (!) (!) .
The court dismissed the insurance company's appeal due to lack of proof regarding the loss of the cover note, affirming its liability to pay the enhanced compensation amount (!) .
The final judgment awarded the claimants a total of Rs. 12,97,000 as compensation, with interest from the date of filing, and upheld the liability of the insurance company to pay this amount (!) .

JUDGMENT :

Darshan Singh, J.

This judgment of mine shall dispose of both the appeals mentioned above, as both these appeals have arisen out of the same award dated 08.05.2014, passed by learned Motor Accidents Claims Tribunal, Panipat (hereinafter called the 'Tribunal'), vide which the appellants claimants in FAO No.9080 of 2014 have been awarded compensation to the tune of Rs. 6,98,000/- along with interest on account of death of Pawan in the motor vehicular accident, which took place on 17.03.2011.

2. FAO No. 9080 of 2014 has been filed by claimants for enhancement of the amount of the compensation. FAO No.9772 of 2014 has been filed by Royal Sundaram Alliance Insurance Company Ltd. (respondent No.3 before learned Tribunal) to assail the award and its liability to pay the compensation.

3. The facts of the case are being taken from FAO No.9080 of 2014 filed by appellants-claimants Suman and others. The status of the parties shall also be referred as per this FAO.

4. The brief facts of the case are that on 17.03.2011 Pawan (deceased) along with his friend Mohit (PW-4) was coming to Panipat on motorcycle bearing registration No.HR-06R-7860 being driven by Pawan. Mohit was the pillion rider. At about 10:30 p.m., when they reached in front of Chautala Road turn on G.T. Road, in the area of village Siwah, a tractor along with dumper bearing registration No.HR-31-5826 driven by respondent No.1 Somveer at a very high speed and in a rash and negligent manner, came from the other side of the G.T. Road and hit the motorcycle. Both the occupants of the motorcycle suffered grievous injuries. Pawan succumbed to injuries. The criminal case for this accident was registered bearing FIR No.242 dated 18.03.2011 under sections 279, 337 and 304-A of the Indian Penal Code, 1860 (for short 'IPC') against respondent No.1 at Police Station Chandni Bagh, Panipat. Appellants-claimants Suman and others have filed the claim petition for grant of compensation.

5. The respondents contested the claim petition. Respondent No.1-driver Somveer has filed the written statement wherein he pleaded that no accident has taken place between tractor bearing registration No.HR-31-5826 driven by him and the motorcycle driven by the deceased. The tractor has been falsely involved in this accident just to claim compensation.

6. In the written statement filed on behalf of respondent No.2 (through his LRs)-owner of the tractor bearing registration No.HR-31- 5826, it was pleaded that the tractor has been falsely involved in this case by the claimants just to claim the compensation. It was further pleaded that the tractor was duly insured with respondent No.3-Insurance Company.

7. In the written statement filed on behalf of respondent No.3-Insurance Company, it was pleaded that vehicle bearing registration No.HR-31-5826 was not at all insured with it. The Insurance Company never covered the risk of the said vehicle. It was pleaded that respondent No.1 was not holding a valid and effective driving licence and the insured has violated the terms and conditions of the insurance policy. It was further pleaded that the petition against the respondent-Insurance Company is not maintainable.

8. From the pleadings of the parties, the following issues were framed by learned Tribunal:

1. Whether the deceased died in the motor vehicle accident due to the rash and negligent driving of respondent No.1 of the vehicle bearing registration No.HR-31-5826? OPP

2. Whether the claimants are entitled to be compensated by the respondents on account of death of deceased Pawan in the motor vehicle accident, if yes, how much and from whom? OPP

3. Whether respondent No.1 has infringed the conditions of insurance policy, if so, what its effect? OPR

4. Relief.

9. On appreciating the evidence on record, the learned Tribunal came to the conclusion that the accident had taken place due to rash and negligent driving of tractor bearing registration No.HR-31-5826 by respondent No.1 and Pawan son of Balram died due to multip

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2016 Supreme(P&H) 2837

IN THE HIGH COURT OF PUNJAB AND HARYANADarshan Singh, J.Suman & Others - AppellantsVs.Somveer & Others - RespondentsFAO No. 9080 of 2014Decided On : 27-04-2016

The main legal point established is the application of the standard of proof in civil cases, emphasizing preponderance of probabilities, and the need for evidence to establish the liability of the insurance company.

Cases Referred (7)

IN THE HIGH COURT OF PUNJAB AND HARYANA
Darshan Singh, J.
Suman & Others - Appellants
Vs.
Somveer & Others - Respondents
FAO No. 9080 of 2014
Decided On : 27-04-2016