Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Sbi General Insurance Company Ltd. – Appellant
Versus
Anju Bala – Respondent
| Table of Content |
|---|
| 1. overview of accident and parties involved. (Para 1 , 2) |
| 2. tribunal's issues and claims process. (Para 3 , 4 , 5) |
| 3. submissions from both parties regarding negligence. (Para 6 , 7 , 12) |
| 4. assessment of evidence and eyewitness testimony's reliability. (Para 8 , 10 , 11) |
| 5. court's final verdict and dismissal of appeal. (Para 15 , 16 , 18) |
JUDGMENT :
SUDEEPTI SHARMA, J .
1. The present appeal has been filed by the appellant-Insurance company against the award dated 26.05.2025 passed in a claim petition filed under Section 166 of the MOTOR VEHICLES ACT , 1988 by the Motor Accident Claims Tribunal, Bathinda (for short, 'the Tribunal'), wherein the appellant- Insurance company was fastened with the liability to pay the compensation to the claimants along with interest @ 7.5% per annum from the date of filing of claim petition till recovery.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 03.06.2024, Ashish Goyal alongwith Ankit Goyal (respondent No.3), Lovish Bansal and Nitin Goyal were coming from Chandigarh to Bathinda in Car bearing registration No. PB-03BM-9964 (hereinafter referred as `the offending vehicle’). At that time, car was being driven by Ankit
The standard of proof in motor accident claims is the preponderance of probabilities, allowing established ocular testimony to support findings of negligence against the driver.
The central legal point established in the judgment is the requirement of proving rash and negligent driving based on preponderance of probabilities, emphasizing the significance of FIR as evidence a....
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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
