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REKHA BORANA
Kamali W/o Late Shri Dhudaram – Appellant
Versus
Sonaram S/o Shri Revataram – Respondent
JUDGMENT :
REKHA BORANA, J.
1. The present appeal has been preferred against the impugned judgment and award dated 26.09.2023 passed by the Motor Accident Claims Tribunal, Jodhpur in MAC Case No. 189/2022 (355/2019) (NCV No. 189/2022) whereby the claim petition as preferred by the claimants has been dismissed. Learned Tribunal while deciding Issue Nos.1 & 3 specifically held that the vehicle in question was falsely implicated in the accident and hence, the factum of vehicle being involved in the accident having not been proved, the claim petition was dismissed.
2. Learned counsel for the appellants submitted that the learned Tribunal has erroneously decided Issues No. 1 & 3 against the claimants whereas the factum of the accident by the alleged vehicle was clearly proved on record. Learned counsel submitted that AW2 Vagaram was an independent eye witness and there was no reason to disbelieve his statements. Learned counsel further submitted that Vagaram specifically deposed not only about the number of the vehicle (PikUp) involved in the accident but also the name of the driver of the said vehicle. The statements of AW2 Vagaram were corroborated by the statements of AW1 Kamli, who dep
The court established that discrepancies in eyewitness accounts and the timing of events are critical in determining the credibility of claims in motor accident cases.
The reliability of witness testimony is crucial; contradictions can lead to dismissal of claims in accident cases.
In motor accident claim petitions, the claimant bears the burden of proving the involvement of the specific offending vehicle. Where evidence is contradictory, lacks credibility, or suggests collusio....
The central legal point established in the judgment is the requirement for claimants to provide reliable evidence proving the involvement of the vehicle in a motor accident claim under the Motor Vehi....
The court reinforced that claimants must provide credible evidence linking the vehicle to the accident, and delays in FIRs do not automatically invalidate claims if other evidence is sufficient.
The claim petition should be decided solely based on the evidence led before the Tribunal, and the criminal case is relevant only for corroborating the factum of the accident.
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