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JASPREET SINGH
Department of Commercial Tax Gonda – Appellant
Versus
Sanju – Respondent
| Table of Content |
|---|
| 1. appeal under motor vehicles act. (Para 1 , 2) |
| 2. arguments against tribunal's award. (Para 3 , 4) |
| 3. claimants prove accident occurred. (Para 5) |
| 4. facts of the accident established. (Para 6 , 8 , 9) |
| 5. standard of proof in claims. (Para 10 , 11) |
| 6. evaluation of witness credibility. (Para 12 , 13 , 14 , 15 , 16) |
| 7. appeal dismissed, tribunal’s order affirmed. (Para 17) |
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 vehicl
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.
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