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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHUTOSH KUMAR
Maina Saini W/o Late Sh. Bablu Saini – Appellant
Versus
Sitaram S/o Bajrang Lal – Respondent
ORDER :
ASHUTOSH KUMAR, J.
1. This appeal has been filed against the judgment and award dated 22.01.2015 passed by learned Motor Accident Claims Tribunal, Sawai Madhopur (hereinafter referred to as the 'Tribunal') in Claim Petition No.89/2013 titled as Smt. Maina Saini Vs. Sitaram & Ors., whereby, the claim petition filed by the claimant-appellant has been dismissed.
2. As per the brief facts of the case, due to death of one-Bablu in a road accident, the claim petition No.89/2013 was filed by the widow of the deceased (Smt. Maina Saini) for claiming of compensation. The claim petition was dismissed vide impugned order on the ground that no eye-witness was produced to prove the fact of accident.
3. Learned counsel appearing on behalf of the appellant submits that learned Tribunal has erred in not relying on the evidence adduced on behalf of the claimant. It is further submitted that learned Tribunal has failed to consider the law laid down by the Hon'ble Supreme Court that eye-witness is not required in the MACT petitions arising out of road accidents. Learned counsel further argued that civil cases like MACT petitions are decided merely on the basis of preponderance of evidence unlike
In motor accident claims, the absence of eyewitnesses does not negate the possibility of compensation; the standard of proof is based on preponderance of probability.
The standard of proof for establishing a road traffic accident is that of preponderance of probabilities and not beyond reasonable doubt. Strict principles of evidence and standards of proof in MACT ....
The main legal point established in the judgment is the application of the standard of proof in motor accident claims cases, emphasizing the preponderance of probabilities over beyond reasonable doub....
The central legal point established in the judgment is the application of the standard of proof in Motor Accident Claims cases, emphasizing the preponderance of probabilities over beyond reasonable d....
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 main legal point established in the judgment is the statutory nature of the determination of compensation in motor accident claims, emphasizing the standard of proof, summary procedure, and the t....
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