Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
New India Assurance Company Ltd. – Appellant
Versus
Usmani – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been filed by the appellant-Insurance company against the award dated 24.01.2025 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Nuh (for short, 'the Tribunal'), wherein the appellant- Insurance company was fastened with the liability to pay the compensation of Rs.17,85,632/- to the claimants along with interest @ 7% per annum from the date of filing of claim petition till recovery.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 22.02.2022 at about 9.00 AM, complainant Shahid S/o Sher Mohd. was going towards his field via Nuh- Hodal road baram on foot. In the meantime, offending vehicle which was being driven by respondent No.1 was going to Ujina side from Bibipur side. The deceased was sitting as pillion rider on the offending vehicle and was telling to respondent No.1 to drive the same in slow and careful manner but the respondent No.1 turned offending vehicle in rash and negligent manner under the bridge of Mumbai Highway. Due to this impact, the deceased fell down from offending vehicle and received fatal and grievous injuries on his bod
The court held that the lack of credible evidence linking the insured vehicle to the accident necessitated the annulment of the Tribunal's award, emphasizing the importance of substantive proof in li....
In motor accident claims, the standard of proof is the preponderance of probabilities. Delay in FIR registration, police cancellation reports, or non-examination of all witnesses do not invalidate a ....
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
Acquittal in criminal cases does not affect liability in civil accident claims; judges must assess evidence on the preponderance of probabilities.
The authenticity of medical evidence and witness testimonies is crucial in establishing a motor accident claim.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
