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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Rajbir Singh – Appellant
Versus
Ram Bhagat – Respondent
JUDGMENT :
Sudeepti Sharma, J.
The present appeal has been preferred against the award dated 13.01.2007 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Hisar (for short, 'the Tribunal'), vide which the claim petition filed by the appellant/claimant was dismissed.
FACTS NOT IN DISPUTE
2. The brief facts of the case are that on 25.08.2003, at about 4.00 p.m., claimant/appellant was driving his motor cycle No. HR-20-H-8056 to Bus Stand Petrol Pump for obtaining petrol. When he reached near Punjab National Bank, Talaki Gate, Hisar, a motorcycle bearing registration No. HR-20-H-0347 came from the back side of the claimant/appellant being driven by respondent No.1 in a rash and negligent manner hit against the motorcycle of the claimant/appellant. As a result of impact, claimant/appellant fell down and suffered injuries including fractures. He was taken to Sewak Sabha Hospital, Hisar from where he was shifted to Balaji Hospital, Hisar where he was treated and operated by the doctors.
3. Upon notice of the claim petition, respondents appeared and denied the factum of accident/compensation.
4. From the pleading
Negligence in motor accident compensation cases may be established through credible witness testimony and pending criminal charges, overriding initial inadequacies in FIR details.
The court clarifies the burden of proof in accident claims, stating that evidence must meet the standard of preponderance of probability rather than beyond a reasonable doubt.
The main legal point established in the judgment is the assessment of permanent disability and loss of earning capacity in compensation cases under the Motor Vehicles Act. The court applied the princ....
The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, considering factors such as permanent disability, loss of future earnings, and other r....
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