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AMARJOT BHATTI
National Insurance Company Limited – Appellant
Versus
Karan Singh – Respondent
JUDGMENT
Amarjot Bhatti, J.
The appellant - National Insurance Company Limited has filed present appeal against impugned Award dated 19.04.2019 passed by learned Motor Accident Claims Tribunal, Panipat vide which the claim petition filed by the claimants/respondents No. 1 and 2 seeking compensation on account of death of their son Deepak in a motor vehicular accident under section 166 and 140 of MOTOR VEHICLES ACT , 1988 was allowed and the claimants and proforma respondent No. 4 were granted compensation to the tune of Rs. 15,85,848/- along with interest at the rate of 7.5% per annum from the date of filing of the petition till realization.
2. Karan Singh and Krishna Devi have filed claim petition under section 166 and 140 of MOTOR VEHICLES ACT , 1988 to claim compensation on account of death of their son Deepak in a road side accident which took place on 15.10.2016. At the time of accident, Deepak was 26 years old. He was Barber by profession and used to earn Rs. 15,000/- per month. On the fateful day of 15.10.2016, Deepak was going from his village Chulkana to Samalkha for domestic work on his motorcycle. At about 06:30 P.M. when he reached near wine factory, Chulkana road, D
Insurance companies remain liable to pay compensation even in cases of temporary vehicle registration, although they may seek recovery rights against the vehicle's owner for policy violations.
Failure to prove breach of insurance policy terms and conditions relieves the Insurance Company of liability.
Compensation awarded for death in a motor vehicle accident is justified based on established negligence, despite insufficient documentary proof of earnings, applying minimum wage standards.
Insurance liability requires valid vehicle registration; mere application is insufficient under the Motor Vehicles Act.
In motor accident claims, the standard of proof is based on preponderance of probability, not beyond reasonable doubt, and parties must provide adequate evidence to establish negligence.
The court clarifies the burden of proof in accident claims, stating that evidence must meet the standard of preponderance of probability rather than beyond a reasonable doubt.
The court established that civil liability in motor accident claims is determined independently of criminal proceedings, emphasizing the need for clear evidence of negligence.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
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