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RAJBIR SEHRAWAT
Geeta Devi – Appellant
Versus
Vijay Kumar Yadav – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral) - The present appeal has been filed by the claimants against the award dated 30.11.2002 passed by the Motor Accident Claims Tribunal, Rewari (in short, 'the Tribunal'), whereby the claim petition filed by the appellants was dismissed.
2. For the purpose of the present appeal, the parties would be referred to as they were described in the original claim petition filed before the Tribunal.
3. The brief facts, as involved in the present appeal, are that on 30.10.1998 at about 11:00 p.m. Ramautar was standing near Ghasi Ram Memorial, Village Balawas Tehsil Bawal, when a jeep being driven by respondent No.1 in a rash and negligent manner came there and hit against Ramautar. Due to darkness, registration number of the speeding jeep could not be noticed. However, lateron, the number of the offending jeep was found to be RRD-4459. On account of the injuries suffered by Ramautar, he died after being taken to hospital. On account of this accident, an FIR No.274 dated 31.10.1998 was also registered under Section 279 and 304A of the Indian Penal Code at Police Station Bawal on the statement of eye-witness Dilbagh Singh, who is the brother of the deceased. Asser
The claim petition should be decided solely based on the evidence led before the Tribunal, and the criminal case is relevant only for corroborating the factum of the accident.
When evidence presented in motor accident claims is rendered unreliable due to witnesses providing diametrically opposite, contradictory statements under oath in criminal proceedings, such testimony ....
In motor accident claim petitions, the claimant bears the burden of proving the involvement of the specific offending vehicle. Where evidence is contradictory, lacks credibility, or suggests collusio....
The claimants must prove the involvement of the offending vehicle and the rash and negligent driving of the driver to succeed in a claim under Section 166 of the Motor Vehicles Act, 1988.
Claimants must establish the involvement of the offending vehicle in motor vehicle accident cases to be entitled to compensation under the Motor Vehicles Act, 1988.
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