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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
GANESH RAM MEENA
Rekha Kanwar W/o Late Shri Satveer Singh – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT :
GANESH RAM MEENA, J.
1. Since, both the appeals arise out of the common judgment and award dated 11.09.2018 passed by the Court of learned Motor Accidents Claims Tribunal, Jaipur District, Jaipur (for short "the claims Tribunal) in Claim Petition No.184/2017 (205/2014), hence, same are being decided by this common judgment.
2. Civil Miscellaneous Appeal No. 5462/2018 has been filed by the appellant-Insurance Company with the challenge to the award, whereby liability of paying compensation has been imposed upon the Insurance Company.
3. Civil Miscellaneous Appeal No.205/2019 has been filed by the claimants for enhancing of the compensation amount.
4. Learned counsel for the appellant-Insurance Company (in Civil Miscellaneous Appeal No. 546/2018) submits that the findings of the learned Tribunal as regards the involvement of the vehicle insured by the Insurance Company are contrary to the facts and evidence on record. Counsel submits that the alleged accident is said to have taken place on 26.03.2014 at about 08:15 PM and there was a Roznamcha report at Chandwaji Police Station at 11:00 PM, wherein the number of the vehicles have not been mentioned as regards its involvement in
The court affirmed that in claims matters, proof is based on preponderance of probability, not beyond reasonable doubt, and enhanced compensation based on consensus.
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 testimony of an eyewitness can be credible even if not cited in the Chargesheet, and sufficient evidence can establish the involvement and negligence of the offending vehicle.
The court affirmed that corroborative evidence and the totality of circumstances are crucial in establishing liability in motor vehicle accident claims.
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 burden of proof lies on the claimant to establish the involvement of the vehicle in the accident; the Tribunal's award of compensation is upheld as just and reasonable.
The court reiterated that non-compliance with notice provisions under the Motor Vehicles Act does not invalidate claims for compensation, emphasizing fair and just compensation for accident victims.
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