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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
United India Insurance Co. Ltd. – Appellant
Versus
Ayush – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J .
1. Since the ground of challenge in all the appeals is same, therefore, vide this common judgment, all four appeals shall be decided.
2. The present appeals are filed by Insurance Company challenging award dated 12.01.2022 passed by learned Motor Accident Claims Tribunal, Jind on the ground of finding on issue of negligence and quantum of compensation being on higher side.
3. Brief facts of the case are that claimant/respondent No.1-Ayush, aged about 9 years, through his maternal grandfather Shri Ramji Lal son of late Shri Banwari Lal, has averred that on 30.07.2018, he (claimant), along with his younger sister Aanvi @ Aanya (since deceased), parents Satish Sharma (since deceased) and Smt.Sunita Sharma (since deceased), cousin Kartikey and Akshit and paternal grandmother Smt. Prem Lata, started for Gurugram from Chandigarh in Honda City Car No. HR-26AD-5062, which was being driven by his father Shri Satish Sharma at moderate speed and on correct left side of the road. At about 12:00/12:30 P.M., when they reached near the bridge of Khanpur Koliyan, Police Station, Thanesar Sadar, District Kurukshetra, a Truck Trolla bearing registration No. PB-11AG-9186,
In civil proceedings under the Motor Vehicles Act, the standard of proof is based on the preponderance of probability, and claimants are not required to prove the accident beyond reasonable doubt. Th....
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The court established that both drivers were negligent in causing the accident, leading to equal apportionment of liability for compensation.
The judgment clarified the legal principles distinguishing contributory negligence from composite negligence, establishing that in accidents involving multiple vehicles, liability should be apportion....
Both the deceased and the truck owner exhibited negligence, leading to a 75:25 liability split for compensation in a vehicular accident case.
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