Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. G. CHAPALGAONKAR, J
New India Assurance Company Ltd. – Appellant
Versus
Sangita W/o. Dattarao Karhale – Respondent
| Table of Content |
|---|
| 1. claim for compensation (Para 1 , 2) |
| 2. insurer refutes claim (Para 3 , 4 , 5) |
| 3. claimants support tribunal's judgment (Para 6 , 7) |
| 4. delay in lodging fir (Para 8 , 10) |
| 5. eyewitness reliability questioned (Para 9) |
| 6. witness statements inconsistent (Para 11) |
| 7. referral card records accident (Para 12 , 13) |
| 8. burden of proof on claimants (Para 14 , 15 , 16) |
| 9. award quashed and set aside (Para 17) |
JUDGMENT :
2. The Respondents/claimants instituted M.A.C.P. No.80 of 2017 raising claim for compensation of Rs.55.00 Lakh under section 166 of the Motor Vehicles Act towards accidental death of Dattarao Karhale, who died in the accident dated 10.3.2027. The claimants are coming with a case that, while deceased was proceeding on his motorcycle in the vicinity of village Santuk Pimpri, offending cruiser jeep bearing registration No.MH-38/4387 gave forceful dash to his motorcycle. Initially, deceased was admitted to the Civil Hospital, at Hingoli. Then he was referred to Global Hospital, at Nanded. Thereafter, he took treatment at Dhakane Hospital, Aurangabad. Lastly, succumbed to the injuries at Government Hospital, Aurangabad. Thereafter, FIR was lodged on 3.4.2017 against drive
Claimants must establish vehicle involvement in an accident on the preponderance of probability; mere delay in FIR does not negate claims if credible evidence exists.
Delay in lodging FIR does not invalidate claims if justified by circumstances; compensation awards upheld based on evidence.
In motor vehicle accident claims, proof is required on a preponderance of probabilities rather than beyond reasonable doubt; the insurance company's failure to provide witness testimony undermined it....
Point of law: There could be variety of reasons in genuine cases for delayed lodgment of FIR. Unless kith and kin of the victim are able to regain a certain level of tranquility of mind and are compo....
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
