An appeal against the dismissal of a motor accident compensation claim. The High Court noted significant fallibilities in the claimant's evidence regarding the vehicle's identity and registration number, confirming the award and dismissing the appeal.
The appeal is dismissed and the award is confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FAO No.2671 of 2003
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.2671 of 2003 Date of Decision.24.07.2014
Nachhattar Kaur and others
......Appellants
Versus
Sukhdev Singh and others
......Respondents
Present: Mr. H.S. Dhindsa, Advocate for the appellants.
Mr. R.C. Gupta, Advocate for the insurance company.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
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K. KANNAN J.(ORAL)
Kamboj Pankaj Kumar 2014.07.31 11:23 I attest to the accuracy and integrity of this document Chandigarh
FAO No.2671 of 2003
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examined but he was not able to vouch for the registration number of the vehicle which could have given a sure indication of the identity of the vehicle. This assumes significance because the owner and driver of the vehicle which was said to have been involved whose registration number had been incorporated subsequently denied the accident. The owner was also examined before the Tribunal to say that his vehicle had never been involved in the accident. The Tribunal reasoned that the persons who were said to be witnesses were not examined and the only person who was examined was also not prepared to give a sure identity of the vehicle with reference to the registration number. With so many fallibilities attendant in the claimants' contention, if the Tribunal had dismissed it, I will find no reason to modify the judgment for consideration of the claim in their favour.
(K. KANNAN) JUDGE
July 24, 2014 Pankaj*
Kamboj Pankaj Kumar 2014.07.31 11:23 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the insurance claimant was entitled to compensation given the absence of a clear vehicle registration number and disputed vehicle identity.
Nachhattar Kaur
Sukhdev Singh
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
