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JASPREET SINGH
National Insurance Co. Ltd. Lucknow – Appellant
Versus
Geeta Devi @ Urmila Devi – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri. Pradeep Kumar Rai, learned counsel for the appellant and Shri. Manzar Ali Khan for the claimant-respondents.
2. None has put in appearance on behalf of the respondents no.6 and 7, accordingly, the Court has heard the appeal in their absence.
3. The instant appeal has been filed by the Insurance Company under section 173 of the MOTOR VEHICLES ACT , 1988 assailing the award dated 26.03.2016 passed in Claim Petition No.108 of 2012 by Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Lakhimpur Kheri wherein in a death case, the Tribunal has awarded a sum of Rs. 24,76,256 alongwith 7% interest payable per annum to the claimant-respondents.
4. The claimant-respondents no.1 to 5 filed a claim petition bearing No.108 of 2012 stating therein that on 26.02.2016 at around 6.45 in the evening, Natthu Lal was walking from his village on the Mohammadi Gola Marg towards Gola. As he reached near Ghirawa Bend, the offending Maruti Car bearing number U.P. 34-A/1827 which was being driven rashly and negligently hit Natthu Lal and he expired on the spot. It was also stated that Natthu Lal was a teacher and he was earning a sum of Rs. 36,829/-
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....
Strict rules of Evidence Act are not applicable in the proceedings under MV Act.
A finding of negligence must be substantiated by evidence; the burden remains on the parties contesting liability.
In motor accident cases, the standard of proof required is preponderance of probabilities, and the court must take a holistic view of evidence to infer culpability from reasonable circumstances.
The burden of proof in negligence claims rests with the claimant, and negligence cannot be inferred merely from a criminal case.
The court established that the principle of ‘res ipsa loquitur’ can shift the burden of proof in negligence cases, particularly when a charge-sheet is filed against the driver, indicating prima facie....
The standard of proof in motor accident claims is the preponderance of probabilities, allowing established ocular testimony to support findings of negligence against the driver.
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