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AMARJOT BHATTI
National Insurance Co. Ltd. – Appellant
Versus
Bajinder Singh – Respondent
JUDGMENT
Ms. Amarjot Bhatti, J.
The appellant - National Insurance Company Limited has filed appeal bearing FAO No. 3659 of 2018 for setting aside the impugned Award dated 23.02.2018 passed by learned Motor Accident Claims Tribunal, Rupnagar, whereas, the appellant/claimant - Bajinder Singh has filed the appeal bearing FAO No. 4076 of 2019 for modification and enhancement of compensation awarded by the Tribunal, as referred above. Both these appeals have arisen out of the same Award dated 23.02.2018, therefore, the appeals are taken up together for disposal.
2. The facts of the case are that Bajinder Singh had filed claim petition under section 166 of the Motor Vehicles Act, 1988 for grant of compensation of Rs. 50,00,000/- along with interest @18% per annum on account of injuries suffered by him in a motor vehicular accident. It was submitted by the injured/claimant that at the time of accident, he was 30 years old and was serving in Indian Army. He was drawing monthly income of Rs. 35,000/- per month. On 30.11.2010, the injured/claimant along with one Prabhjot Singh and Jaswinder Singh were going to Village Brahmpur from their village on motorcycle bearing Registration No. HP- 12-
The court ruled that inconsistent testimonies in criminal and civil proceedings undermine the credibility of the claimant, leading to dismissal of the compensation claim under the Motor Vehicles Act.
Compensation in motor accident claims is determined based on preponderance of probabilities, with emphasis on establishing negligence through witness testimony and recalibrating compensation accordin....
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.
The burden of proof in establishing the cause of an accident and the credibility of witnesses are crucial factors in determining claims for compensation under the Motor Vehicles Act.
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.
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