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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Branch Manager, Reliance General Insurance Co. Ltd., – Appellant
Versus
Dhanpati Kisku, W/o Late Nikodem Marandi @ Nakodem Marandi @ Nikunj Marandi – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
1. Heard, learned counsel for the parties. The instant Misc. Appeal has been filed by the appellant-Insurance Company against the impugned Award dated 18.03.2015 passed by learned Principal District Judge-cum-Motor Vehicle Accident Claim Tribunal, Pakur, in MACT Case No.94 of 2013, whereby and whereunder compensation of Rs.35,39,152/- along with simple interest @ 7% per annum under Section 166 of the M.V. Act.
2. The main ground of appeal is that there has been manipulation in filing of the claim application in which fake claims have been raised on the basis of factually incorrect statements.
3. It is argued that when the impugned Award/judgment is read as a whole, a conspiracy angle will emerge showing connivance of the claimants and lawyers including the investigating agency for making false and fraudulent claims.
4. As per the case of the claimants, the incident took place when the deceased was travelling on his Motorcycle and the same was hit by one Truck bearing Registration No.JH18B 0170 which was being driven at the relevant time by one Driver, Manoj Kumar Das and the vehicle, in question was under the Insurance cover of appellant- Reliance G
The court emphasized that fraudulent claims in motor accident cases undermine the judicial process, necessitating careful scrutiny of evidence to maintain justice.
In motor vehicle accident claims, proof is required on a preponderance of probabilities rather than beyond reasonable doubt; the insurance company's failure to provide witness testimony undermined it....
The court affirmed that corroborative evidence and the totality of circumstances are crucial in establishing liability in motor vehicle accident claims.
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