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JASPREET SINGH
Department of Commercial Tax Gonda – Appellant
Versus
Sanju – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri Devendra Mohan Shukla, learned Standing Counsel for the appellants and Shri Rajesh Trivedi, learned counsel for the claimants-respondents.
2. The instant appeal has been preferred under Section 173 of the MOTOR VEHICLES ACT assailing the award dated 05.12.2019 whereby the Motor Accident Claims Tribunal/4th Additional District Judge, Bahraich in Claim Petition No.38/70/2016 has awarded a sum of Rs.11,18,320/- alongwith 7% interest in favour of the claimants-respondents.
3. Submission of the learned counsel for the appellants is that the accident in question did not occur with the vehicle belonging to the appellants. This was clearly pleaded in the written statement and even the driver of the vehicle deposed before the Court that no accident took place with his vehicle and despite no contradiction in his statement yet the version was disbelieved which is an error committed by the Tribunal.
4. Learned counsel further submits that the main basis upon which the Tribunal has delivered the award by relying upon the statement of two eye witnesses but they were known to the claimants and being interested witnesses their evidence could not be accepted w
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 burden of proof in negligence claims rests with the claimant, and negligence cannot be inferred merely from a criminal case.
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 standard of proof in MACT claim cases is one of the preponderance of probabilities rather than proof beyond a reasonable doubt. The liability of registered owners under the Motor Vehicles Act ext....
Negligence in motor vehicle accidents can be established through a charge sheet, and insurance liability persists unless proven otherwise.
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