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SANJAY KUMAR JAISWAL
Sukali Bai (Since Died), W/o. Shri Banwar Lal Dhruv (Wrongly Mentioned As Banwari), Through Legal Heirs- Banwar Lal Dhruv, S/o. Beldar Dhruv – Appellant
Versus
Satyeshwari Komare, Wd/o. Late Mukesh Komare – Respondent
JUDGMENT :
(Sanjay Kumar Jaiswal, J.)
1. This appeal filed by the appellant(s) under section 173 of the Motor Vehicles Act, 1988, against the award dated 07.08.2015 passed by the Additional Motor Accident Claims Tribunal, Bhanupratappur, District-North Bastar Kanker, Chhattisgarh in Claim Case No. 18/2014 (“Smt. Satyeshwari Komre & Ors. vs. Smt. Sukali Bai”) (hereinafter referred to as “award in question”) whereby a compensation amount of Rs. 2,46,000/- has been awarded against the appellant(s) and in favour of respondents 1 to 3.
2. Brief facts of the case were that on 07.04.2013 at about 12.00 noon, deceased Mukesh Komre and his conductor were returning in vehicle commander jeep bearing registration No. CG-19-T-0468 (offending vehicle) after dropping the labourers of the forest department at village Manghaur Parali. Then near Eric Buta Road Nala, the offending vehicle lost control and overturned, due to which driver Mukesh Komre got crushed under it and died due to grievous injuries. In Pakhanjoor police station, Merg No. 23/2013 and FIR No. 41/2013 were registered. However, due to the death of the driver, no charge sheet was filed.
3. The legal heirs of deceased Mukesh Kumar, resp
Claimants must prove negligence under Section 166 of the Motor Vehicles Act; failure to provide credible evidence results in dismissal of the claim.
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....
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....
The main legal point established in the judgment is that under Section 163A of the Motor Vehicles Act, the claimant is not required to plead or establish the wrongful act, neglect, or default of the ....
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.
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