IMPORTANT POINT
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 evidence.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE MAULIK J.SHELAT)

1. The present appeal is filed by the appellant - Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the M.V. Act"), against the judgment and award dated 18.09.2024 passed by the Motor Accident Claims Tribunal (Auxi.) & 6th Additional District Court, Rajkot at Dhoraji in Motor Accident Claim Petition No. 25 of 2020. For the sake of convenience, the parties are referred to as per their position before the Tribunal.

Brief Facts of the Case

2. The brief facts of the case are as follows:-

2.1 That on 09.01.2019, the claimant was coming home on his motorcycle number GJ-02-CJ-2447. When he reached at Ranchhodpura Chowkdi On Vijapur-Himmatnagar road, about 2:00 PM, a truck, bearing registration number GJ-09-AV-9740, dashed with motorcycle of claimant, thereby, the claimant has sustained serious injuries resulted into permanent disablement. So, the claimant had preferred a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.1,60,00,000/- against the opponents i.e. Driver, owner and insurance company of the truck respectively.

2.2 The driver and owner of the truck have appeared through their lawyers and filed a joint written statement at Exhibit 12. Nonetheless, the driver and owner of the truck have not come forward for their oral evidence.

2.3 The insurance company of the truck has also filed its written statement at Exhibit 40. The opponents opposed the claim petition on all counts but chosen not to appear to lead any oral or documentary evidence to rebut the case of claimant.

2.4 The claimant has examined himself at Exhibit 16 and to prove his disability i.e., Neurological and physical disability, examined Dr. Dinesh Kanjibhai Gajera, a neurosurgeon at Exhibit 52 and Dr. Sagar Tulsidas Chudasama, Ortho Surgeon at Exhibit 53 respectively. The claimant has also submitted the FIR and panchnama to prove the involvement of truck and the negligence of driver. He has also submitted his treatment papers and income proof by producing the following documents:-