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ASHUTOSH KUMAR
Rajasthan State Road Transport Corporation – Appellant
Versus
Roopkala – Respondent
ORDER :
(Ashutosh Kumar, J.)
The instant appeal has been filed by the appellant - Rajasthan State Road Transport Corporation (for short 'RSRTC') under section 173 of the MOTOR VEHICLES ACT , 1988 against the judgment and award dated 02.12.2011 passed by Judge, Motor Accident Claims Tribunal (Additional and District Sessions Judge No.1), Deeg, District Bharatpur (hereinafter referred to as the 'Tribunal') in Claim Petition No.125/2009 whereby the learned Tribunal has partly allowed the claim petition filed by the claimants and awarded a sum of Rs.4,38,000/-.
2. Brief facts relevant for the present purposes are that on 23.08.2009 an FIR No.594/2009 was lodged in Police Station Deeg, District Bharatpur stating therein that on 22.08.2009 at about 6.00 pm a bus of RSRTC bearing registration No.RJ-29-PA- 0584 was coming from Nagar in a high speed and in a rash and negligent manner. While overtaking a bus of UP Roadways, it collided with a motorcycle, which was driven by one Girdhar Singh and due to which Girdhar Singh sustained grievous injuries and died.
3. The FIR was lodged under Sections 279 and 304-A of IPC and after investigation charge-sheet against one Dinesh Kumar, driver of the
The standard of proof in accident claims is preponderance of probabilities, but concrete evidence of involvement and negligence is necessary for a successful claim.
The standard of proof in motor accident claim cases is one of the preponderance of probabilities rather than principles beyond a reasonable doubt.
The judgment establishes that contributory negligence can reduce the liability of the party at fault in motor vehicle accidents.
In motor accident cases, the standard of proof required is preponderance of probabilities, and the court must take a holistic view of evidence to infer culpability from reasonable circumstances.
The appellant's negligence precluded compensation in the motor vehicle accident claim.
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