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NIDHI GUPTA
Bharti AXA General Insurance Co. Ltd. – Appellant
Versus
Raveena – Respondent
JUDGMENT
Nidhi Gupta, J.
Mr. Ravi Kadian, Advocate puts in appearance on behalf of respondents No.1 to 5 and files Power of Attorney which is taken on record.
2. Present appeal has been filed by the Insurance Company challenging Award dated 24.10.2016 passed by Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as "the learned Tribunal") in Claim Petition No.145 of 2015 filed by claimants/respondents No.1 to 5 herein under section 166 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as "the Act"). Vide the impugned Award, learned Tribunal has awarded compensation of Rs.31,92,848/- to the claimants along with interest @ 7.5% per annum from the date of institution of the claim petition till its actual realisation. Learned Tribunal awarded compensation as above on account of death of Sandeep Kumar.
3. Learned Tribunal on the basis of pleadings and evidence adduced before it concluded that the deceased-Sandeep Kumar had died due to injuries suffered by him in a motor vehicular accident that took place on 02.08.2015 at mid night due to rash and negligent driving of Santro car bearing registration No.HR-14J-4245 (hereinafter referred to as 'the offending vehicle') b
The acquittal of a driver in a criminal case does not negate civil liability for negligence established through sufficient evidence.
The court ruled that compensation claims under the Motor Vehicles Act are assessed on preponderance of probabilities, where judicial findings on negligence based on eyewitness testimony are sufficien....
The claimants must prove the involvement of the offending vehicle and the rash and negligent driving of the driver to succeed in a claim under Section 166 of the Motor Vehicles Act, 1988.
The court held that the lack of credible evidence linking the insured vehicle to the accident necessitated the annulment of the Tribunal's award, emphasizing the importance of substantive proof in li....
In motor accident claims, claimants must prove negligence based on preponderance of probability, not beyond reasonable doubt, to establish liability for compensation.
Acquittal in criminal cases does not affect liability in civil accident claims; judges must assess evidence on the preponderance of probabilities.
The main legal point established in the judgment is the determination of liability in a road accident compensation claim under the Motor Vehicles Act.
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