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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ
Arjun Krishnan.A.S. Alias Achu – Appellant
Versus
Managing Director K.S.R.T. Corporation – Respondent
JUDGMENT :
P.M. Manoj, J.
The captioned appeals are preferred against the common award dated 13.03.2023 passed in O.P.(MV) No. 2740 of 2017 and O.P.(MV) No. 2730 of 2017. O.P.(MV) No. 2740 of 2017 was preferred by the mother and sisters of the deceased, Vipin Das, who died in a motor vehicle accident that occurred on 11.08.2017. O.P.(MV) No. 2730 of 2017 was preferred by the pillion rider of the motorcycle bearing registration No. TN 74 P 1303, which was driven by the deceased, Vipin Das, and who sustained injuries in the said accident.
2. The grievance voiced in both these appeals is against the dismissal of the respective claim petitions by the Motor Accidents Claims Tribunal, Thiruvananthapuram, vide the common award dated 13.03.2023. The short facts of the case are as follows:
3. On 11.08.2017, at approximately 12:00 noon, while the deceased in M.A.C.A. No. 2639 of 2023 and the appellant in M.A.C.A. No. 2819 of 2023 were travelling on a motorcycle bearing registration No. TN-74-P-1303 from Karakkonam to Parassala, a KSRTC bus hit the motorcycle near Kodavilakom, Karumannoor desom, causing serious injuries to both riders. The accident occurred due to the rash and negligent driving o
The standard of proof in motor accident claim cases is one of the preponderance of probabilities rather than principles beyond a reasonable doubt.
The main legal point established in the judgment is the requirement to prove negligence in a claim for accident compensation under the Motor Vehicles Act.
The court emphasized the importance of proving the manner of the accident and considered settlements in related cases to determine negligence.
The standard of proof in civil liability cases is preponderance of probability, not beyond reasonable doubt, impacting negligence assessments in motor accident claims.
The central legal point established in the judgment is the requirement of proving rash and negligent driving based on preponderance of probabilities, emphasizing the significance of FIR as evidence a....
Claimants in motor vehicle accident cases must meet the burden of proof on a preponderance of probabilities, and strict evidence rules do not apply, allowing the invocation of the res ipsa loquitur p....
Principle of contributory negligence has been discussed time and again. A person who either contributes or author of the accident would be liable for his contribution to the accident having taken pla....
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