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SACHIN SINGH RAJPUT
Kewla Bai W/o Late Ramavatar Sahu – Appellant
Versus
Raju Yadav S/o Budhwar Say Yadav – Respondent
ORDER :
1. This is an appeal for enhancement of compensation preferred against the impugned award dated 28.02.2017 passed by Motor Accident Claims Tribunal, Katghora, District Korba in Claim Case No. 28/2015 in connection with the death of Ramavtar Sahu in a road accident.
2. The claimants herein are the widow and minor children of the deceased. The accident is said to have occurred on account of the rash and negligent act of respondent No. 1 the driver of offending vehicle i.e. Tractor bearing registration No. CG-04-DA-4520 and Trolley No. CG-04-DM-2480. Deceased is pleaded to have been aged about 35 years at the relevant time earning Rs. 12,000/- per month by doing a private job. The compensation claimed was Rs. 1,10,00,000/-.
3. Learned Tribunal however dismissed the claim of the claimants inter-alia holding that the claimants have not been able to prove that the accident took place due to rash and negligent driver of the offending vehicle by its driver. Hence this appeal.
4. Counsel for the appellants/claimants submits that the accident took place on 23.04.2015; Dehati Nalisi was recorded on the same day and the FIR was registered on 24.04.2015. He submits that the post mortem exam
The main legal point established in the judgment is the statutory nature of the determination of compensation in motor accident claims, emphasizing the standard of proof, summary procedure, and the t....
Court emphasized the need for a preponderance of probabilities in establishing negligence in motor accident claims, reiterating that strict proof is not necessary.
In motor accident cases, the standard of proof required is preponderance of probabilities, and the court must take a holistic view of evidence to infer culpability from reasonable circumstances.
Negligence in fatal motor accidents must be established on preponderance of probabilities; compensation can be awarded beyond the claimed amount to ensure just and reasonable recompense for claimants....
In motor vehicle accident claims, liability determined based on preponderance of probabilities; unrelated benefits received by claimants do not reduce compensation for wrongful death.
The burden is on the claimants to prove negligence on the part of the driver, and the standard of proof beyond reasonable doubt cannot be applied while considering the petition seeking compensation f....
In motor accident claims, the Tribunal must decide all issues presented, applying a standard of preponderance of probabilities, and cannot dismiss claims based on preliminary findings without address....
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