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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Kalyan Singh – Appellant
Versus
Mohd. Raib – Respondent
JUDGMENT :
Archana Puri, J.
The present appeal has been filed by the appellants-claimants to assail the judgment of dismissal of the claim petition, filed to seek compensation, on account of death of Lalita Devi, in a motor vehicular accident, which took place on 07.05.2014.2. In the claim petition, it was averred by the appellants-claimants that on 07.05.2014, Lalita Devi was going on her bicycle from Sector 56 to Section 38, Chandigarh. Further, it was averred that the accident in question was caused by Mohd. Raib-respondent No.1, while driving the scooter bearing registration No.CH-01Y-9267, in a rash and negligent manner and the same resulted into death of Lalita Devi. However, respondent No.1- Mohd. Raib, in connivance with the local police, got lodged FIR against some unknown vehicle, by giving incomplete registration of the car involved in the accident as CH0-4821. Respondent No.1, while hatching a conspiracy with the local police, has projected a false story, just to save his skin. Appellant-claimant No.1 had also approached Senior Superintendent of Police, Chandigarh, vide reference No.PW201409869 dated 04.08.2014, but the police did not take any action, which shows the conn
In motor accident claims, the standard of proof is the preponderance of probability. Income assessment should rely on the latest statutory tax returns, and compensation must include the value of mana....
Point of law: The Supreme Court only observed that 12% was ‘too high a rate in comparison to what is ordinarily envisaged in these matters’ and that the decision of the High Court to reduce it to 7.5....
The judgment establishes the lower standard of proof required in a claim petition before the Motor Accident Claims Tribunal and emphasizes the evidentiary value of criminal proceedings against the dr....
The court emphasized that income tax returns cannot be rejected solely due to being filed posthumously; the average income must be considered for fair compensation calculation.
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