Case Brief: Parmeshwari v Amir Chand & Ors.

FACTS:
The appellant was going on a Motor Cycle, driven by Balwan with the claimant on the pillion seat. Suresh , the respondent came from the other direction on another scooter from the wrong side and hit the right leg of the appellant as a result of which she fell down and her right leg was fractured and she received multiple injuries. The accident was witnessed by certain persons and one of them, Umed Singh, took the appellant to a clinic. Ultimately, claim petition was filed by her on account of her serious injuries. An appeal was filed before the High Court by the owner of the scooter, Amir Chand, against an award passed by the Motor Accident Claims Tribunal, Fast Track Court, Hisar, awarding to the appellant, compensation of Rs.1,36,547/- along with 9% interest. The contention of respondent, before the High Court, was that the accident and his involvement in it was not proved and the claim   petition should have been dismissed. The High Court ultimately upheld the appeal of the owner and set aside the findings of the Tribunal.
The appellant has thus filed this petition challenging the decision of the High Court.
ISSUE FOR CONSIDERATION:
Whether the decision of the High Court is justified?
HELD:
The apex Court concluded that the total approach of the High Court was not sensitized enough to appreciate the plight of the victim. And further added that the High Court appears to be not cognizant of the principle that in a road accident claim, the strict principles of proof in a criminal case are not attracted.
And therefore, the Court quashed the judgment of the High Court and restored that of the Tribunal.