Punjab and Haryana High Court: Lisa Gill, J. dismissed the appeal filed by insurance company challenging the amount of compensation granted by the Motor Accidents Claim Tribunal (‘MACT’).
In the present case, one Dalip Singh and Aslam (deceased), met with a motor vehicle accident which led to their fatal death. The MACT had awarded compensation to the families of both the deceased. Aggrieved thereby, the insurance company filed the present appeal stating that the said case did not fall under a motor vehicle accident and thus prayed for reducing the amount of compensation. Appeal was also filed by the claimants praying to increase the amount of compensation awarded.
In the appeal filed by the insurance company, the appellant contended that there was no evidence of a motor vehicle in the FIR, therefore, the respondents could not claim compensation for a motor accident. Also, the age of the deceased was wrongly concluded hence the amount of compensation must be reduced. Whereas in the appeal by the claimants, they contended for an increase in the compensation amount awarded by the Tribunal. However, they accepted the fact that the age of the deceased was wrongly concluded.
The Court after referring to all the facts, and hearing the witness with placed reliance on the judgment in Mangla Ram v. Oriental Insurance Company Ltd., (2018) 5 SCC 656 where it was opined that claimants in proceedings under the Motor Vehicles Act, 1988 have to prove their case on the touchstone of preponderance of probabilities and not beyond reasonable doubt.
It was held that the claimants had successfully proved the involvement of a vehicle and hence the judgment of the MACT was upheld. However, after analyzing the facts and the on consideration of a change in the age of the deceased, the Court reduced the amount of compensation.[IFFCO Tokio General Insurance Co. Ltd. v. Asha Devi, 2019 SCC OnLine P&H 1403, decided on 22-07-2019]
