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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANDEEP TANEJA
Master Parth Daga S/o Late Jai Kumar Daga – Appellant
Versus
Krishan Kant Bihani S/o Shri Harish Kumar – Respondent
JUDGMENT :
Sandeep Taneja, J.
1. The present appeal has been filed by the claimants-appellants (hereinafter referred to as ‘claimants’) under Section 173 of the Motor Vehicles Act, 1988, against the judgment dated 07.04.2021 passed by the learned Judge, Motor Accident Claims Tribunal No.2, Jaipur Metropolitan No.1, Jaipur (hereinafter referred to as ‘Tribunal’) in MAC Case No.902/2014, whereby the claim petition filed by the claimants was dismissed.
2. The brief facts of the case, as alleged in the claim petition, are that on 16.04.2015, at around 9:00 PM, Jaikumar Daga (since deceased) was travelling as a pillion rider on an Activa Scooter bearing registration No.RJ-14-ES-1612, which was being driven by respondent No.1. When they reached near old JDA Office, Vidhyadhar Nagar, an unknown motorcycle, being driven rashly and negligently, came from behind and hit the said scooter. As a result of which, the scooter got disbalanced and both riders on the scooter fell on the road. Consequently, the deceased sustained grievous injuries and later on died on 08.05.2015.
2.1 In the claim petition, respondent No.1, who is the nephew of the deceased was impleaded as non-claimant No.1 in the capaci
The court confirmed that evidence from credible eyewitnesses establishes composite negligence in motor vehicle accidents, justifying equal liability allocation.
In motor accident claims, the standard of proof is the preponderance of probabilities. Delay in FIR registration, police cancellation reports, or non-examination of all witnesses do not invalidate a ....
Contributory negligence cannot be presumed from law violations unless evidence links the violation to the accident's cause or severity.
Claimants must establish vehicle involvement in accidents, and delays in lodging complaints do not negate proof unless they indicate fabrication or inconsistencies.
The claimant must establish the occurrence of an accident with corroborative evidence; reliance solely on witness testimony without supporting documentation is insufficient for compensation.
The insurer is liable for compensation when the identified tort-feasor is negligent, and claimants cannot choose to pursue unidentified tort-feasors.
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