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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
SBI General Insurance Co. Limited – Appellant
Versus
Renu – Respondent
JUDGMENT :
Alka Sarin, J.
Present appeal has been preferred by the Insurance Company aggrieved by the award dated 15.05.2025 passed by the Motor Accident Claims Tribunal, Palwal (hereinafter referred to as the 'Tribunal').
2. The brief facts relevant to the present lis are that on 24.02.2022 Manoj Kumar son of Rajender was present at his home when his sister-inlaw (Bhabhi) informed him that his elder brother Narender (hereinafter referred to as the 'deceased') had met with an accident near village Swamika. He reached on the spot at about 06.30 pm and found that the deceased was lying unconscious on the left side of the road and blood was oozing out from his ear, nose and head. There were bruises on his body and face. The motorcycle of the deceased was lying on the road and a damaged cycle was also lying 10 to 12 feet ahead of it. The deceased was taken to Apex Hospital from where he was referred to Asian Hospital, Faridabad where during his treatment he succumbed to his injuries on 25.02.2022 at about 09.15 pm. Manoj Kumar also enquired about the owner of the damaged cycle and later came to know his name to be Om Parkash son of Sh. Ganga Lal, resident of village Swamika, Hathin who ha
Acquittal in criminal cases does not affect liability in civil accident claims; judges must assess evidence on the preponderance of probabilities.
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the deceased's income, future prospects, and personal expenses.
Strict rules of Evidence Act are not applicable in the proceedings under MV Act.
The need for preponderance of probabilities in reaching a conclusion and the requirement of cogent evidence to prove contributory negligence.
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