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NIDHI GUPTA
Gagandeep Kaur – Appellant
Versus
Gora Lal – Respondent
JUDGMENT
Nidhi Gupta, J..
This common order shall dispose of cross appeals bearing FAO No.5357/2014 filed by claimants, as well as FAO No.1757/2014 filed by Respondent Insurance Company, both appeals arising out of Award dated 30.11.2013 passed by Motor Accident Claims Tribunal, Patiala (hereinafter referred to as 'the Tribunal') passed in MACT No.14/13.6.2011 filed under section 166 of the MOTOR VEHICLES ACT . For the sake of convenience and with the consent of learned counsel for the parties, the facts are being noticed from FAO No.5357/2014, which are even otherwise common.
2. The claimants in FAO 5357/2014 are seeking enhancement of compensation of Rs.9,35,000/- awarded by the Tribunal. Claimants are Gagandeep Kaur widow of deceased Tejinder Singh; Raminder Singh and Maninder Singh both twins and minor sons; and Mukhtiar Kaur and Balbir Singh parents of the deceased-Tejinder Singh.
3. Learned Tribunal on the basis of the pleadings of the parties and evidence led by them concluded that deceased Tejinder Singh had died due to injuries suffered by him in a motor vehicular accident that took place on 3.6.2017 due to rash and negligent driving of Tractor bearing registration No. PB-1
Compensation in motor accident claims is determined based on preponderance of probabilities, with emphasis on establishing negligence through witness testimony and recalibrating compensation accordin....
The court determined that despite initial perceptions of murder, the evidence supported the incident as a motor accident, warranting compensation under the Motor Vehicles Act.
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.
Motor Vehicles Act is a benevolent piece of legislation. Certain guiding principles have evolved over years which form bedrock for evaluating evidence and determining compensation under Motor Vehicle....
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