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VINIT KUMAR MATHUR
Tata Aig General Insurance Co. Limited – Appellant
Versus
Priyanka – Respondent
JUDGMENT
1. The present appeals arise out of the judgment and award dated 02.08.2019 passed by Motor Accident Claim Tribunal, Pratapgarh in Motor Accident Claim Case No. 53/2018 whereby, the Tribunal awarded a sum of Rs. 13,58,320/- in favour of respondents-claimants on account of the death of Deepak in the accident which occurred on 01.01.2018.
2. The learned Tribunal after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim petition of the respondents-claimants.
3. The appeal preferred by the appellant - Insurance Company is on the ground that the Tribunal committed an error while recording the finding of fact on Issue No. 1 and 2 against the Insurance Company.
4. Heard.
5. Learned counsel for the appellant - Insurance Company submits that the vehicle insured with the Insurance Company was not at all involved in the accident. Learned counsel vehemently argued that from the statement of AW-2 Rahul, it has come on record that at the time of the accident, vehicle pickup was being driven rashly and negligently by its driver Bharat Lal and the registration number of the pickup was informed to the police. But these facts are co
The court affirmed that corroborative evidence and the totality of circumstances are crucial in establishing liability in motor vehicle accident claims.
In motor vehicle accident claims, proof is required on a preponderance of probabilities rather than beyond reasonable doubt; the insurance company's failure to provide witness testimony undermined it....
The court established that the determination of vehicle involvement in accidents relies on the preponderance of probabilities, and the burden of proof lies with the party denying involvement.
The necessity of producing substantive evidence in rebuttal when contesting findings of fact made by lower courts.
The court established that evidence of negligence and vehicle involvement can be supported by witness testimony, despite initial FIR discrepancies.
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
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