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GURBIR SINGH
United India Insurance Company Limited – Appellant
Versus
Mamta Rani – Respondent
JUDGMENT
Gurbir Singh, J.
All the above said three appeals have been filed by the Insurance Company arising out of a common award dated 15.04.2023 passed by Motor Accident Claims Tribunal, Ambala, whereby the claim petitions i.e. MACP/86/2020 (FAO No.4527 of 2023), MACP/82/2020 (FAO No.4529 of 2023) and MACP/85/2020 (FAO No.4531 of 2023) have been allowed.
2. Brief facts of the case are that a motor vehicular accident took place on 12.09.2019. As per the common pleadings of the claimants on 08.09.2019, Deval Sharma, Gaurav, Mamta, Mehak and Darpan were travelling in a car bearing registration No.HR04-C-6160, which was being driven by Deval Sharma. On the intervening night of 11/12.09.2019 at about 12.00 'O' clock (midnight), when they reached near Hotel Shree Ram within the area of Village Thana Gujran, Tehsil Pehowa, District Kurukshetra, on Kaithal-Ambala road, two trucks were going ahead of said car. Both the trucks were being driven parallel to each other by their respective drivers. Deval Sharma was driving his car on his correct left side of the road at moderate speed. Respondent-Jaspal Singh, who was driving truck No.HR65-A-6400 and was going ahead of the car of Deval Sharma.
Liability for vehicular accidents entails that claimants can seek compensation from negligent parties, with joint tortfeasors both liable for full damages.
The court established that the burden of proof lies on the party alleging negligence, and failure to maintain sufficient distance does not automatically imply liability without evidence.
A finding of negligence must be substantiated by evidence; the burden remains on the parties contesting liability.
Both vehicle drivers were found equally negligent in the accident leading to liability shared between their insurance companies.
The insurance company must prove the non-existence of a policy at the time of an accident to avoid liability, and the burden of proof lies with them.
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