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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Rajwant Singh – Appellant
Versus
Pargat Singh (Since Deceased) Thr Lrs – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the driver and now owner of the offending vehicle aggrieved by the award dated 17.08.2023 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib.2. The brief facts relevant to the present lis are that one Pargat Singh had filed the present claim petition under Section 166 of the Motor Vehicles Act, 1998 for grant of compensation as he had received injuries in a roadside accident which took place on 24.06.2019. During the pendency of the claim petition, Pargat Singh died on 24.02.2021 and his wife, namely, Kulwinder Kaur and his minor son, namely, Arshdeep Singh were brought on the record as his legal representatives. It was pleaded in the claim petition that Pargat Singh was 43 years of age at the time of the accident and he was an agriculturist and also driving a harvester combine. He was earning ?30,000 per month. It was the case set up by the claimant in the claim petition that on 24.06.2019 Pargat Singh along with his wife, namely, Kulwinder Kaur was going to Village Kheri from Sirhind on his Scooter bearing registration No.PB-23-V-2268 (Mahindra make). Pargat Singh was driving the said Scooter and Kulwinde
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A claimant must provide credible evidence to establish liability and causation in a motor vehicle accident; registration of FIR alone is insufficient.
Acquittal in criminal cases does not affect liability in civil accident claims; judges must assess evidence on the preponderance of probabilities.
Motor vehicles - Contributory negligence - Initial onus to prove rash and negligent driving of the driver of the truck rested on the claimants.
In motor accident claims, the standard of proof is the preponderance of probabilities. Delay in FIR registration, police cancellation reports, or non-examination of all witnesses do not invalidate a ....
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