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NIDHI GUPTA
Anju Aggarwal – Appellant
Versus
Sahib Singh – Respondent
| Table of Content |
|---|
| 1. filing of claim petition for accident. (Para 1 , 2) |
| 2. issues formulated and tribunal's initial findings. (Para 3 , 4) |
| 3. arguments against the tribunal's conclusion. (Para 5) |
| 4. assessment of evidence and negligence. (Para 8 , 11) |
| 5. dismissal of appeal. (Para 12 , 13) |
JUDGMENT
Ms. Nidhi Gupta, J.
Present appeal has been filed by the claimants against dismissal of their claim petition by Motor Accident Claims Tribunal, S.A.S. Nagar, Mohali (hereinafter referred to as "the learned Tribunal") vide Award dated 11.03.2016 passed in MACT Case No.RT-36 dated 20.09.2013/28.10.2014 filed under section 166 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as "the Act"). Claimants are the widow and two sons of deceased-Suresh Bansal @ Suresh Kumar Aggarwal.
2. Claim petition was filed by the appellants herein alleging that the deceased-Suresh Bansal @ Suresh Kumar Aggarwal had died due to injuries suffered by him in a motor vehicular accident that took place on 28.06.2013 due to rash and negligent driving of tractor-trolley bearing registration No.GJ-2B-8284 (hereinafter referred to as 'the offending vehicle') by respondent No.1, which was owned by respondent No.2 and i
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 court established that the principle of ‘res ipsa loquitur’ can shift the burden of proof in negligence cases, particularly when a charge-sheet is filed against the driver, indicating prima facie....
Claimants must establish the involvement of the offending vehicle in motor vehicle accident cases to be entitled to compensation under the Motor Vehicles Act, 1988.
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