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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Bharat Singh – Appellant
Versus
Gurmeet Kaur – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR , J.
1. This appeal has been instituted by the owner of the offending vehicle bearing No.DL-1P-5915 against the award dated 28.08.2004 vide which he along with driver has been held liable to pay compensation to the claimants on account of death of Avtar Singh and Insurance Company has been absolved of its liability to pay any compensation to the claimants.
2. Case of claimants is that on 03.11.2002, Avtar Singh (since deceased) was coming from Ladwa and was going towards his village Niwarsi on motorcycle No.HR-06-5899, which was being driven by him at a normal speed and on the left side of the road. A bus bearing registration No.DL-1P-5915 (hereinafter referred to as ‘offending vehicle’) was going ahead of his motorcycle which was being driven by respondent No.1 in a rash and negligent manner. Avtar Singh (since deceased) was trying to overtake the bus and he had blown horn for this purpose and thereafter, respondent No.1-driver gave a signal to him to overtake the bus. However, when Avtar Singh was in the process of overtaking the bus, respondent No.1 suddenly turned his bus towards right side, as a result of which bus hit the motorcycle and due to im
The insurer is liable for compensation despite claims of negligence by the deceased, as the negligence of the bus driver was established.
The insurer is liable for compensation when the identified tort-feasor is negligent, and claimants cannot choose to pursue unidentified tort-feasors.
Strict rules of Evidence Act are not applicable in the proceedings under MV Act.
Contributory negligence must be established through evidence of an overt act; mere alcohol consumption does not suffice to prove negligence in the context of a motor vehicle accident.
Point of law : Once witness had testified as an eyewitness to accident, it was imperative for the Insurance Company to have produced evidence to rebut claimants’ case - Evidence of witness is suffici....
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