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AJAY KUMAR GUPTA
Kulsum Begam Molla – Appellant
Versus
Shriram General Insurance Co. Ltd. – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. This instant appeal has been filed by the appellants/claimants feeling aggrieved with the judgment and award dated 08.07.2014 passed by the Learned Judge, Motor Accident Claims Tribunal, 1st Court, Burdwan in Motor Accident Claim Case No. 23/11 thereby the learned Tribunal dismissed the claim application on contest against O.P. No. 2/Insurance Company and ex parte against O.P. No. 1/owner of the offending vehicle.
2. Brief facts are relevant for the purpose of disposal of the instant case as follows:
On 31.05.2011 at about 12 hours, when the deceased was returning home at his residence through NH2, near Pursa Majherpul the offending vehicle which was coming with high speed and rash and negligent manner, dashed the deceased. As a result, the deceased fell down and sustained severe bleeding injuries including head injury. He was immediately removed to Pursa Primary Health Care and from there to B.M.C.H. and subsequently in Seviour Clinic at Kolkata, where he expired on 01.06.2011. Over the said accident a Golsi P.S. Case No. 85/11 dated 05.06.2011 u/s 279/304A IPC was started against the driver of the offending vehicle. Deceased, at the time of accident
The central legal point established in the judgment is the requirement for claimants to provide reliable evidence proving the involvement of the vehicle in a motor accident claim under the Motor Vehi....
The main legal point established in the judgment is the requirement for the claimant to prove the involvement of the offending vehicle in the accident with reliable and cogent evidence to be entitled....
The main legal point established in the judgment is the reliance on consistent and uncontradicted evidence, including eyewitness testimonies and corroborating documents, to prove the involvement of t....
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....
Delay in lodging an FIR does not invalidate a compensation claim if justified by circumstances such as medical treatment of the victim.
In motor accident claim petitions, the claimant bears the burden of proving the involvement of the specific offending vehicle. Where evidence is contradictory, lacks credibility, or suggests collusio....
Owner of the offending vehicle, particularly, that is not insured, or even one that is insured, is not permitted to raise fanciful doubts about the involvement of a motor vehicle that has apparently ....
The burden of proof in motor accident claim cases and the need for liberal consideration of evidence.
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