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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Janardhan Sitaram Surve – Appellant
Versus
Sunil Ramesh Ukrulkar – Respondent
JUDGMENT :
R.M. JOSHI, J.
1. Learned counsel for the appellant filed compilation. The same is taken on record. Copy is supplied to the other side. By consent of both the sides, heard finally at the stage of admission.
2. This appeal is preferred by the original claimants against the Judgment and Award dated 12.07.2024 passed in M.A.C.P. No. 70 of 2017 whereby the claim Petition filed by them stood rejected.
3. As per the case of the claimants before the Tribunal the deceased Aniket Surve aged about 23 years was traveling in Alto car bearing No. MH-06/AZ-4543 on Alibag Pen road. At about 2:00 p.m. when they reached to the spot of accident, an unknown vehicle which was being driven in rash and negligent manner and at excessive speed, dashed into the Alto car as a result of which, the deceased sustained injuries and succumbed to the same. The claimants have also stated about the employment and income of the deceased and dependency of the claimants thereon. In respect of the said accident, First Information Report (for short “FIR”) came to be lodged being Crime No. 88 of 2016. It is claimed by the claimants that the accident in question occurred due to the rash and negligent driving of Alt
To claim compensation under Section 166 of the Motor Vehicles Act, the claimant must prove negligence of the vehicle driver; mere involvement of the vehicle is inadequate.
Compensation is justified under the Motor Vehicles Act if the accident arose from the use of a vehicle, even with indirect connections, and negligence must be established on the preponderance of prob....
Legal representatives of a tort-feasor are not entitled to compensation under Section 166 of the Motor Vehicles Act, as it would allow a person to benefit from their own negligence.
The main legal point established in the judgment is the interpretation and application of Section 163(a) of the MV Act, including the maintainability of claim petitions and the insurer's ability to r....
The claimant must establish negligence for a successful claim under Section 166 of the M.V. Act, and the Tribunal's reliance on insufficient evidence can lead to erroneous judgments.
Point of law : Accident Claims Tribunal must take special care to see that innocent victims do not suffer and persons liable do not escape liability merely because of some doubt here and some obscuri....
In motor vehicle accident claims, the absence of eyewitnesses does not preclude establishing negligence; the standard of proof is based on preponderance of probabilities.
The judgment established the significance of evidence in proving negligence and clarified the liability of the insurance company based on the type of insurance policy.
Compensation under Section 163A of the Motor Vehicles Act can be granted without strict proof of negligence, and the involvement of the vehicle in the accident must be established to determine compen....
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