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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Rajbir – Appellant
Versus
Dalip – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. Both the aforesaid appeals have been instituted against the award dated 20.10.2004 passed by MACT Karnal (for short “Tribunal”), vide which claim petitions filed by the claimants under Section 166 of Motor Vehicles Act, 1988 for grant of compensation on account of injuries suffered by them in motor vehicular accident have been dismissed.
2. Case of the claimants is that on 25.04.2001 at about 1:00/1:15 pm, they were going towards Sector 7, Karnal, on GT Road on their motorcycle and when they reached near the crossing of Sector 6, motorcycle bearing registration No.HR-05H-5256 (hereinafter referred to as offending vehicle) being driven by respondent No.1 at a fast speed in a rash and negligent manner came from the side of Panipat and hit against the motorcycle of the claimants, which was being driven by claimant-Rajbir at a moderate speed and on the left side of the road. The accident in question took place due to rash and negligent driving on the part of respondent No.1, resulting in injuries to both the claimants. FIR No.123 dated 25.04.2001, Police Station Civil Lines Karnal was registered against respondent No.1, regarding the accident in ques
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 court clarifies the burden of proof in accident claims, stating that evidence must meet the standard of preponderance of probability rather than beyond a reasonable doubt.
The court ruled that inconsistent testimonies in criminal and civil proceedings undermine the credibility of the claimant, leading to dismissal of the compensation claim under the Motor Vehicles Act.
Negligence in motor accident compensation cases may be established through credible witness testimony and pending criminal charges, overriding initial inadequacies in FIR details.
The main legal point established is the assessment of negligence in a road accident case under the Motor Vehicles Act and the determination of appropriate compensation.
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