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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
MODI YASHWANTKUMAR RANCHODLAL – Appellant
Versus
PATEL KETANKUMAR JETHALAL – Respondent
| Table of Content |
|---|
| 1. accident details and claim (Para 2) |
ORDER :
2. Brief facts of the case are that on 16.9.2004 in the evening, on the way near village Kamana while the respondent no.1 was driving the scooter, suddenly a dog came on way and thus the scooter driver suddenly applied the brakes and the deceased fell down and received serious injuries on head and died during the treatment. That the said accident happened due to the rash and negligent, speedy driving done by the respondent no.1 and that since he could not control the vehicle and since he was driving the vehicle at a high speed endangering human lives the said accident took place leading to the death for which the claim petition was filed before the MACT at Mehsana.
4. Learned advocate for the insurance company since elevated to the bench of this Court, on 12.12.2024, notice was issued to the insurance company and the same was served, but none appears for the insurance company.
6. At this juncture, judgment of the Hon’ble Apex Court in case of ICICI Lombard General Insurance Co. Ltd. Vs. Rajani Sahoo & Ors. Rendered in SLP No.29302 of 2019, in para 7 to 9 reads as under:-
“27. Another reason which weighed with the High Court
In motor vehicle accident claims, negligence must be established on a preponderance of probabilities, not beyond reasonable doubt, and the absence of strict evidence does not negate the claim.
The charge of rash and negligent driving is to be proved on the touchstone of preponderance of probabilities and not beyond reasonable doubt, and the comprehensive/package insurance policy covering t....
Death in motor accident – Question regarding negligence which is essential for passing an award in a motor vehicle accident claim should be considered based on evidence available before Tribunal – If....
The main legal point established in the judgment is the importance of evidence, the correct application of legal provisions, and the perversity in the finding of the lower court in determining liabil....
In civil proceedings under the Motor Vehicles Act, the standard of proof is based on the preponderance of probability, and claimants are not required to prove the accident beyond reasonable doubt. Th....
Claimants must establish vehicle involvement in accidents, and delays in lodging complaints do not negate proof unless they indicate fabrication or inconsistencies.
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