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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KAUSHIK GOSWAMI
New India Assurance Co. Ltd. – Appellant
Versus
Deepak Harizan @ Dipak S/o Late Dhania Harijan – Respondent
| Table of Content |
|---|
| 1. court notably hears both parties' counsel. (Para 1 , 2 , 3) |
| 2. claim for compensation in vehicle accident. (Para 4 , 5 , 12 , 13) |
| 3. liability assessment based on accident report challenged. (Para 6 , 19 , 20) |
| 4. arguments for contributory negligence of both vehicles. (Para 7 , 8 , 9 , 10) |
| 5. court remands for determination of negligence extent. (Para 22 , 28) |
| 6. appeal allowed in part; proceedings remitted to tribunal. (Para 24 , 26 , 27 , 30) |
JUDGMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. K K Bhatta, learned counsel appearing for the appellant. Also heard Mr. I A Talukdar, learned counsel for the respondent No. 1/claimant as well as Ms. M Choudhury, learned counsel appearing for the respondent No. 6.
2. None appears for the remaining respondent Nos. 2, 3, 4 & 5, despite Office Note dated 23.09.2022 records service completed against the aforesaid respondents, which has also been duly noted by this Court by order dated 02.11.2022.
3. The matter is taken up for hearing today.
4. This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the award dated 10.03.2014 passed by the learned Motor Accident Claims Tribunal, Golaghat in M.A.C. Case No. 09/
The court emphasized that relying solely on an accident report is insufficient for determining liability, necessitating a comprehensive assessment of all available evidence.
The deposition given before the Tribunal should be given more weight than the contents of the F.I.R. and other police records when determining liability in a motor accident claim.
The court established that the principle of ‘res ipsa loquitur’ can shift the burden of proof in negligence cases, particularly when a charge-sheet is filed against the driver, indicating prima facie....
Motor Accident - Compensation Awarded - Challenged - Award of the tribunal with regard to determination of compensation towards loss of income of the claimant cannot be faulted with.
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....
The court ruled that the bus driver was solely responsible for the accident due to rash and negligent driving, and the insurance company was not liable for compensation.
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