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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ICICI LOMBARD GENERAL INSURANCE CO LTD – Appellant
Versus
JASVIR KAUR AND OTHERS – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
FAO-3343-2022 (O&M)
1. The present appeal has been preferred against the award dated 19.01.2022 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal’) in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, wherein, the appellant/insurance company was held liable to pay the compensation, on the ground that Issue No. 1 with respect to negligence driving of offending vehicle has been wrongly decided against the appellant-Insurance Company.
XOBJC-92-CII-2022
2. The present cross-objection has been preferred by cross- objectors/claimants (respondents No.1 to 2 herein) against the award dated 19.01.2022 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Tribunal, for enhancement of compensation, granted to the cross-objectors/claimants to the tune of Rs.8,34,094/- along with interest @ 7.5% per annum on account of death of Jasvir Singh (deceased).
3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimants/cross-objectors (respondents No.1 to 2) are arising out of the same award dated 19.01.2022 passed by the learn
The court established that negligence in motor vehicle accidents must be proven by evidence, and the failure to consider eyewitness accounts can lead to an unjust dismissal of claims.
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