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C. M. JOSHI
Divisional Manger, New India Assurance Co. Ltd. – Appellant
Versus
Maltesh – Respondent
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....
Insurance liability cannot be denied based solely on FIR claims; evidence shows claimants were standing on roadside, establishing negligence of the driver.
Compensation claims under the Motor Vehicles Act are not rendered non-maintainable by the absence of the vehicle's driver as a party.
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