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J. NISHA BANU, N. ANAND VENKATESH
Rajendran – Appellant
Versus
Sreedharan – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the award and decree, dated 07.10.2016 made in M.C.O.P.No.293 of 2007, on the file of the Motor Accidents Claims Tribunal/III-Additional District and Sessions Judge, Thanjavur at Pattukkottai.)
J.Nisha Banu, J. & N.Anand Venkatesh, J.
1. The claimants have filed this appeal against the order passed by the Motor Accident Claims Tribunal (MACT)/III-Additioanl District and District Judge, Pattukottai, made in M.C.O.P. No.293 of 2007, dated 07.10.2016, dismissing the claim petition seeking for compensation for the demise of one, Santhosh Babu in an accident.
2. The case of the claimants is that the deceased Santhosh Babu, who is the son of the 1st and 2nd claimants and the brother of the 3rd and 4th claimants, had completed his MBBS course and was doing House Surgency. On 07.06.2006, at about 11.40 p.m., when he was driving the car on the Thanjavur-Pattukottai Highways, near Pappanadu Thippiyakudi crossroad, a mini lorry is said to have come in the opposite direction and it was driven in a rash and negligent manner and it dashed on the right side of the car driven by the decease
The main legal point established is the need for a preponderance of probabilities in establishing claims in motor accident cases, and the consequences of fabricating evidence for compensation.
The court held that the lack of credible evidence linking the insured vehicle to the accident necessitated the annulment of the Tribunal's award, emphasizing the importance of substantive proof in li....
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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