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GITA GOPI
Niranjankumar Girishbhai Patel – Appellant
Versus
Babubhai Hirabhai Vathela – Respondent
JUDGMENT :
GITA GOPI, J.
1. Admit. Learned advocate Mr. Maulik Shelat waives service for the respondent No. 3- insurance company. Though served, none appears for the respondent No. 2 and the notice to the respondent No. 1 has remained un-served. Nonetheless, the respondent Nos. 1 an 2 had not appeared before the learned Tribunal also.
2. Considering the controversy involved in the matter, with the consent of the learned advocates for the parties present, the appeal is taken up for final hearing today.
3. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dated 29.11.2011 rendered by the learned Motor Accident Claims Tribunal (Auxiliary), Banaskantha at Deesa (the Tribunal) in Motor Accident Claim Petition No. 3 of 2013 (claim petition), whereby, the Tribunal was pleased to dismiss the said claim petition.
4. The present appeal is filed by the appellant-original injured claimant inter alia contending that the Tribunal has erred in dismissing the claim petition merely on the ground of technical error which had cropped up in the claim petition as well as in the deposition of the appellant-claimant, Exh.21 qua the registration number of
The standard of proof in motor accident claims is based on the preponderance of probability, and the Tribunal's assessment of negligence and compensation was upheld due to lack of contradictory evide....
The main legal point established in the judgment is the importance of conducting thorough inquiries, calling for necessary documents, and ensuring just compensation to the claimants as per the provis....
Compensation in motor vehicle accident claims assessed on preponderance of probability; strict proof and police investigation not necessary for entitlement.
A claimant in a motor accident case is entitled to just compensation, which may exceed the claimed amount, ensuring the award reflects the injury's nature and financial impact.
Insurance company liability affirmed; compensation revised based on injury assessment and future loss.
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