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J. J. MUNIR
Kalyan Singh – Appellant
Versus
New India Assurance Company Ltd. – Respondent
JUDGMENT :
This appeal by the claimant is directed against a judgment and award passed by the Motor Accident Claims Tribunal/ 8th Additional District Judge, Etawah dated the 29th November, 1997, rejecting Motor Accident Claims Petition No.107 of 1995.
2. According to the claimant-appellant, Kalyan Singh (for short, 'the claimant') on 27.11.1994 at about half past six in the evening hours, rode out on his scooter from an alley on to the Municipal Bypass, connecting the Highway. A mini truck, bearing registration No. UHK-300, driven negligently and at a high speed, without sounding horn, approached from Auraiya end of the road and hit the claimant's motor scooter. The collision led the claimant to lose the little finger of his left hand, that was crushed, broken and severed. The mini truck sped away towards Agra. The claimant was conveyed to the District Hospital. The claimant went to Police Station Kotwali to lodge a report on 11.01.1995, but the Police refused to register the case citing the delay. Thereupon, on 12.01.1995, the claimant sent a written information by registered post to the Senior Superintendent of Police, Etawah, which was a typed written document. It is the claimant'
The principle that in motor accident claims, the burden of proof lies on the claimant to establish the case on the preponderance of probabilities, and the Tribunal is not strictly bound by the rules ....
The court established that in motor accident claims, the burden of proof is on the claimant to show negligence based on a preponderance of probabilities, and delays in FIR filing do not automatically....
The standard of proof in motor accident claims is based on the preponderance of probability, and the Tribunal's assessment of negligence and compensation was upheld due to lack of contradictory evide....
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