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ARUN KUMAR SINGH DESHWAL
National Insurance Co. Ltd. – Appellant
Versus
Shanti Devi – Respondent
JUDGMENT
Arun Kumar Singh Deshwal, J.
Heard learned counsel for the appellant. No one has appeared on behalf of the respondents even in the revised list.
2. Present appeal has been filed with the following main relief:
3. The facts of the present case are that that the claimant/respondents no.1 to 6 had filed claim petition mentioning therein that husband of the respondent no.1/ Rajdev was going on his cycle to Sultanpur on 20.09.196 at 11:00 am. Thereafter, he suddenly dashed by a jeep bearing no. UP 44 A 3901 (hereinafter referred to as "offending vehicle') and because of this accident, husband of respondent no.1, namely, Rajdev had died.
4. In support of the aforesaid claim, the claimants have also filed the FIR dated 20.09.1996 lodged by one Shambhu Prasad at 01:35 pm regarding the aforesaid accident. Apart from the above FIR, the claimants have also filed charge sheet dated 20.11.1996 in the aforesaid case as the same was filed against the owner of the offending
Negligence in motor vehicle accidents can be established through a charge sheet, and insurance liability persists unless proven otherwise.
Claimants must establish negligence in motor vehicle accident cases based on the preponderance of probabilities, not beyond reasonable doubt.
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The court ruled that compensation claims under the Motor Vehicles Act are assessed on preponderance of probabilities, where judicial findings on negligence based on eyewitness testimony are sufficien....
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
Point of Law : Even if by the fact that the driver and the owner did not appear before Tribunal, subject to a rider to prove that the owner proves that he had taken all cautions, recovery right is gr....
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