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HANCHATE SANJEEV KUMAR
Vimal K. S. – Appellant
Versus
Branch Manager M/s Bajaj Allianz General Insurance Co. Ltd – Respondent
JUDGMENT
Hanchate Sanjeevkumar, J. - The present appeal is filed by the appellant/claimant challenging the judgment and award dated 14.06.2011 in MVC.No.6736/2008 passed by the Motor accident Claims Tribunal, Bengaluru.
2. Brief facts of the case are as under:
On 29.05.2008 at about 5.00 pm., after alighting from the Eicher HGV vehicle bearing No.Ka-21-a-1083 the appellant/claimant who was working as a cleaner-cum-loader/unloader, was giving signal to the driver of the said vehicle to reverse the same near the Eicher showroom, situating at Cottomnallur Cross, Bangalore-Kolar Road. But the driver recklessly and negligently in a high speed took the vehicle in a reverse direction, as a result, the appellant/claimant was crushed between the vehicle and electricity pole/transformer and suffered burnt injuries all over the body. Immediately, he was shifted to D.G. Hospital, Bangalore, where he was treated as an inpatient from 29.05.2008 to 15.07.2008. The claim petition was filed by the appellant/claimant under Section 166 of MV act before the Tribunal claiming compensation of Rs.12,00,000/-. The said petition was dismissed by the Tribunal. Being aggrieved by the same, the present appeal is
The significance of medical evidence and the principle that delay in lodging a complaint should not be the sole ground to dismiss a claim petition.
The claimant must establish the occurrence of an accident with corroborative evidence; reliance solely on witness testimony without supporting documentation is insufficient for compensation.
The burden of proof in motor accident claim cases and the need for liberal consideration of evidence.
Claimants in motor vehicle accident cases should only establish preponderance of probabilities regarding vehicle involvement, not beyond reasonable doubt.
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