NEW INDIA ASSURANCE COMPANY LIMITED Vs. MEENAKSHI

JUDGEMENT

(1.) A motorcycle accident took place on 8/8/2018 in the area of Gohana-Rohtak Highway. The motorcycle, being driven by Sunil son of Suresh collided with a Tractor-trolley resulting in his death. One Manoj son of Jagdish was also riding the motorcycle. He also lost his life and two separate claim petitions were preferred. The claim petition filed on account of death of Manoj son of Jagdish, has already been decided and no appeal has been filed against the award in the said case. The claim petition on account of death of Sunil son of Suresh has been decided by the instant Award dtd. 18/2/2020 and total compensation of Rs.17,83,600.00 has been awarded payable with interest at the rate of 6 % per annum from the date of the petition till payment.

(2.) The present appeal has been preferred by the Insurance company. The only point raised and argued on its behalf is that rash and negligent driving by the driver of the tractor-trolley was not proved by the claimants and, thus, the Tribunal was in error in awarding compensation. In support of his case, learned counsel for the appellant has placed reliance upon Oriental Insurance Company Limited vs. Meena Variyal and others, 2007 (2) RCR (Civil) 698 and Ram Karan vs. Zile Singh, 2001 (3) RCR (Civil) 582.

(3.) Learned counsel for respondents No.1 to 4 (claimants) has resisted the appeal by arguing that the issue regarding rash and negligent driving is to be proved on the basis of the evidence on record, examined on the touch-stone of preponderance of probabilities. Applying this standard of proof, the Tribunal has correctly held that the driver of the tractor-trolley was guilty of rash and negligent driving and, thus, the Award does not deserve to be interfered with. Learned counsel has placed reliance upon Sunita and others vs. Rajasthan State Road Transport Corporation and another, 2019 (2) RCR (Civil) 209 and Anita Sharma and others vs. The New India Assurance Company Limited and another, 2021 (1) RCR (Civil) 200 as well as United India Insurance Company Limited vs. Hardeep Kaur and others, 2020 (1) RCR (Civil) 491.