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MUNNURI LAXMAN
Basanti – Appellant
Versus
Bhabuta Ram – Respondent
JUDGMENT :
Mr. Munnuri Laxman, J. - The present appeal assails the award dt. 06.06.2003 passed by the Judge, Motor Accident Claims Tribunal, Sirohi on the file of M.A.C. Original Case No.344/2001, wherein and whereby the claim filed by the appellants seeking compensation for death of Mala Ram in the motor accident was dismissed.
2. Aggrieved by the same, the present appeal has been filed by the claimants/dependents of the deceased.
3. The contention of the learned counsel appearing for the appellants-claimants is that the Tribunal without assigning proper reasons has discarded the evidence of eyewitnesses particularly AW-2 & AW-3 and the police investigation done in the form of challan. According to him, the Court has given utmost importance to the First Information Report, which according to the informant who was examined as AW-3 that his signature was obtained by the constable on blank papers and he never give information that fall of the deceased was on account of skidding of his scooter. It is also contended that the eyewitness account and police investigation clearly show that accident was result of the truck hitting the scooter in the opposite direction near the cross of Khandar
The court upheld the Tribunal's dismissal of a compensation claim due to lack of credible evidence linking the accident to a third-party vehicle.
Point of Law : Section 293(1) Cr.P.C. reads reports of certain Government scientific experts.
The court clarified that liability in motor vehicle accident claims must be assessed considering preponderance of probabilities without assumptions of inebriation and that compensation should reflect....
A claimant in a motor accident case must prove their case based on preponderance of probabilities, relying on witness testimonies that withstand scrutiny, rather than strict evidentiary standards.
The court established that the accident was primarily caused by the deceased's negligent conduct in crossing the road, resulting in dismissal of the claim for compensation.
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