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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
New India Assurance Co. Ltd. – Appellant
Versus
Dharambir Sharma – Respondent
JUDGMENT :
SUDEEPTI SHARMA , J .
1. The present appeal has been filed by the appellant-Insurance company against the award dated 24.07.2008 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Jhajjar (for short, 'the Tribunal'), wherein the claim petition filed by the claimants was allowed and appellant-Insurance company was made liable to pay at first instance.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 30.4.2006, the petitioners were going from Bahadurgarh to village Chappar to do some religious purposes in a Maruti Zen Car bearing registration No.DL-1CE-2040. When, they reached near a petrol pump near village Subana on Jhajjar-Kosli road, a truck bearing registration No.HR-55A-9361 (hereinafter referred to as offending vehicle) came from the opposite side, which was being driven by Rajesh Kumar, respondent No.1 in a very rash and negligent manner and with high speed. Consequently, it hit into the car, in which, petitioners were travelling. The occupant of the car got multiple injuries. They were brought to Civil Hospital, Jhajjar and from there, they were referred to PGIMS, Rohtak and from Roh
A finding of negligence must be substantiated by evidence; the burden remains on the parties contesting liability.
The standard of proof in motor accident claims is the preponderance of probabilities, allowing established ocular testimony to support findings of negligence against the driver.
Contributory negligence cannot be presumed from law violations unless evidence links the violation to the accident's cause or severity.
The court established that the principle of ‘res ipsa loquitur’ can shift the burden of proof in negligence cases, particularly when a charge-sheet is filed against the driver, indicating prima facie....
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