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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
National Insurance Company Limited – Appellant
Versus
Mehar Chand – Respondent
JUDGMENT :
SUDEEPTI SHARMA J .
1. The present appeal has been preferred against the award dated 07.07.2017 passed in the claim petition filed under Sections 166/140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Palwal (for short, ‘the Tribunal’), whereby the appellant-Insurance company was held liable to pay the compensation to the claimant/respondent No.1 to the tune of Rs.1,45,498/- along with interest @ 7.5% per annum on account of injuries sustained by the claimant/respondent No.1.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 01.01.2014, Jasbir (since deceased), along with Inderjeet (since deceased), was returning from school after attending the annual function on a motorcycle bearing registration No. HR-50C-3980. On the way, upon meeting Satbir and Mehar Chand at Ghasera turn, the motorcycle was stopped. Mehar Chand also took a lift on the said motorcycle, whereas Satbir proceeded on another motorcycle. When they reached near the water hut, a tractor bearing registration No. HR- 38S-5957, attached with a trolley and driven by respondent No.1 in a rash and negligent manner, came from the side of Hassanpur and while crossing, struc
The court ruled that both drivers were negligent, affirming joint liability under composite negligence, and clarified that enhanced compensation beyond the claimed amount is permissible when just com....
In motor vehicle accident claims, liability determined based on preponderance of probabilities; unrelated benefits received by claimants do not reduce compensation for wrongful death.
Negligence in fatal motor accidents must be established on preponderance of probabilities; compensation can be awarded beyond the claimed amount to ensure just and reasonable recompense for claimants....
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