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J. J. MUNIR
Bindu Singh – Appellant
Versus
Hari Pratap Singh – Respondent
JUDGMENT :
This is a claimant's appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') arising out of a judgment and award passed by the Motor Accident Claims Tribunal/ the 10th Additional District Judge, Allahabad dated 02.09.2000 in MACP No.584 of 1996, rejecting the claim petition.
2. A claim petition was instituted by the claimant-appellant, Smt. Bindu Singh (for short, 'the claimant') before the Motor Accident Claims Tribunal/ the District Judge, Allahabad on 04.09.1996 with the case that on 15.06.1996, the claimant along with her family members was travelling on board Jeep, bearing registration No. UP-70F-1028 from Allahabad (now Prayagraj) towards Rewa. At about 9 o'clock in the evening when the Jeep was moving on the Allahabad-Rewa Road and had reached a place called Village Barethi, within the local limits of Police Station Kaundhiara, District Allahabad, the Jeep driver, driving the vehicle at a high speed and negligently, hit a stationary truck on the rear side. The truck was proceeding to Rewa and was parked on the road at a place, which was dark. The tail lamps of the truck were not alight nor was it displaying any other signal about its stationa
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 central legal point established in the judgment is the requirement for claimants to provide reliable evidence proving the involvement of the vehicle in a motor accident claim under the Motor Vehi....
The insurance company is liable to pay compensation for the injuries sustained by the petitioner due to the rash and negligent driving of the driver of the insured vehicle.
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