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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
United India Insurance Co. Ltd. – Appellant
Versus
Somvir – Respondent
JUDGMENT :
Alka Sarin, J.
CM-7436-CII-2025
1. The present application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 has been filed for staying the award dated 29.11.2023 passed by the Motor Accident Claims Tribunal, Fatehabad (hereinafter referred to as the 'Tribunal').
2. Mr. Mohit, Advocate proxy counsel for Mr. Pavitra, Advocate has put in appearance on behalf of respondent No.1-claimant while Mr. Surender Kumar Shamra, Advocate proxy counsel for Mr. Amit Choudhary, Advocate has put in appearance on behalf of respondent No.2 i.e. driver and owner of the tractor bearing registration No.HR-20Q-6082 (hereinafter referred to as the 'offending vehicle') and have filed the memo of appearance, which is taken on record. Learned counsel for the parties are ad idem that instead of hearing the application, the main appeal itself be heard.
3. With the consent of learned counsel for the parties, the main appeal is taken on Board today itself.
CM-5664-CII-2024
4. For the reasons stated in the application, the same is allowed. The delay of 13 days in filing the present appeal is condoned.
FAO-1433-2024 (O&M)
5. Present appeal has been filed by the Insurance Company
Acquittal in criminal cases does not affect liability in civil accident claims; judges must assess evidence on the preponderance of probabilities.
The authenticity of medical evidence and witness testimonies is crucial in establishing a motor accident claim.
The court held that the lack of credible evidence linking the insured vehicle to the accident necessitated the annulment of the Tribunal's award, emphasizing the importance of substantive proof in li....
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....
The insurer is liable for compensation when the identified tort-feasor is negligent, and claimants cannot choose to pursue unidentified tort-feasors.
Strict rules of Evidence Act are not applicable in the proceedings under MV Act.
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