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C. M. JOSHI
Divisional Manger, New India Assurance Co. Ltd. – Appellant
Versus
Maltesh – Respondent
| Table of Content |
|---|
| 1. appeals against common judgment of tribunal. (Para 1 , 2 , 3) |
| 2. accident details and initial compensation claims. (Para 4 , 5 , 6) |
| 3. contentions regarding manipulation of charge sheet. (Para 8 , 10 , 11 , 12) |
| 4. charge sheet's precedence over fir in evidence. (Para 13 , 14 , 15) |
| 5. assessment of injuries and compensation modifications. (Para 18 , 20 , 21) |
| 6. final compensation award confirmed and modified. (Para 22) |
JUDGMENT :
C. M. Joshi, J.
These appeals are directed against the common judgment in MVC Nos.509/2006, 510/2006, 511/2006 & 512/2006 dated 01.10.2010 passed by the leaned Additional Senior Civil Judge and Additional M.A.C.T., Ranebennur (for short "the Tribunal"). The appellant insurance company was arrayed as respondent No.2 before the Tribunal in all these cases.
2. By consent of both the parties, these matters are taken up for final disposal though they were slated for admission.
3. The parties would be referred to as per their rank before the Tribunal for the sake of convenience.
4. The brief facts of the case are as under:
The principle that in motor accident claims, the burden of proof lies on the claimant to establish the case on the preponderance of probabilities, and the Tribunal is not strictly bound by the rules ....
The main legal point established in the judgment is the court's authority to enhance compensation based on discrepancies in the awarded amount and the actual medical expenditure and pain and sufferin....
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
The main legal point established in the judgment is the application of the preponderance of probabilities standard in motor vehicle accident cases and the assessment of compensation based on evidence....
Occupant eyewitnesses' unshattered testimony on truck driver's negligence prevails over flawed police untraced report; insurer's invalid licence proof inadequate without complete records; compensatio....
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