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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Pooja – Respondent
JUDGMENT :
Alka Sarin, J.
Present appeal has been preferred by the Insurance Company aggrieved by the award dated 07.05.2025 passed by the Motor Accident Claims Tribunal, Yamunanagar at Jagadhri (hereinafter referred to as the 'Tribunal').
2. The brief facts relevant to the present lis are that on 08.10.2023 Surinder Singh alias Rinku (hereinafter referred to as the 'deceased') alongwith Sawan was returning to his village from Radaur on a motorcycle bearing registration No.HR-75D-9864. Sawan was riding the motorcycle and the deceased was the pillion rider. At about 06:30 pm, when they reached near DAV School, Radaur to Jathlana Road, respondent No.6 herein while driving a motorcycle bearing registration No.HR-05-BJ-6054 (hereinafter referred to as the 'offending vehicle') in a rash and negligent manner, came on the wrong side of the road and rammed the same into the motorcycle of the deceased as a result of which Sawan and the deceased fell on the road and sustained multiple and grievous injuries. Respondent No.6 fled from the spot leaving behind the offending vehicle. The deceased and Sawan were shifted to Civil Hospital, Radaur from where they were referred to Civil Hospital, Yamuna
Acquittal in criminal cases does not affect liability in civil accident claims; judges must assess evidence on the preponderance of probabilities.
The court upheld the tribunal's finding of negligence against the driver and affirmed the Insurance Company's liability for compensation.
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....
Strict rules of Evidence Act are not applicable in the proceedings under MV Act.
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....
The evidence presented before the Tribunal should be given more weight than the contents of the First Information Report, and the deposition of a party who did not file a counter cannot be relied upo....
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.
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