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DEEPAK GUPTA
ICICI Lombard General Insurance Company – Appellant
Versus
Moni Devi – Respondent
JUDGMENT :
Deepak Gupta, J.
This order shall disposed of two appeals tilled above, as both of them have arisen against same award dated 18.10.2016 passed by Ld. Motor Accident Claims Tribunal, Jhajjar (in short ‘the Tribunal’).
2.1. In MACP No.103 of 2016 titled ‘Smt. Moni and others vs. Hemant Bhardwaj and others’ filed under Section 166 of the Motor Vehicles Act, compensation of Rs. 79,15,184/- has been awarded by the Tribunal on account of death of one Vijaypal, an ITBP Constable, against the driver-cum-owner & insurer of Swift car bearing Registration No.DL-13CA-8486.
2.2. Insurer of the car has filed FAO-646-2017 alleging that involvement of the car No.DL-13CA-8486.in causing the accident is not proved and it fact, it was a hit & run case and that the claimants have filed the claim petition in collusion with the driver–cum-owner of the, so as to extort the money from the insurance company. On the other hands, the claimants have filed separate FAO-7529-2017 seeking enhancement in compensation amount.
3. Trial Court record was called and with the assistance provided by counsels for both the filed, the same has been perused.
4.1. As per the case pleaded by the claimants, on 06.02.2016,
In motor accident claims, claimants must prove negligence based on preponderance of probability, not beyond reasonable doubt, to establish liability for compensation.
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
In motor accident cases, the standard of proof required is preponderance of probabilities, and the court must take a holistic view of evidence to infer culpability from reasonable circumstances.
In civil proceedings under the Motor Vehicles Act, the standard of proof is based on the preponderance of probability, and claimants are not required to prove the accident beyond reasonable doubt. Th....
The court established that both drivers were negligent in causing the accident, leading to equal apportionment of liability for compensation.
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