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JASPREET SINGH
National Insurance Company Ltd. – Appellant
Versus
Haridutt Prasad Tewari – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Mrs. Pooja Arora, learned counsel for the appellant.
2. The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 assailing the judgment and award dated 05.07.2023 passed by the Motor Accident Claims Tribunal, Pratapgarh in Claim Petition No.39/2013, whereby in an injury case, a sum of Rs.90,115/- along with 7% interest has been awarded in favour of the claimants-respondents.
3. Learned counsel for the appellant while assailing the award has primarily drawn the attention of the Court to the fact that in terms of the alleged accident which is said to have occurred on 21.04.2012, an FIR was lodged in respect thereto by the nephew of the claimant who had specifically mentioned that the vehicle involved in the accident was bearing UP-72-C-7578.
4. It is further contended that when the matter went up before the Tribunal and the parties led their evidence, a complete somersault was taken by the claimants. They introduced the vehicle that caused the accident was UP-72-Q-2026.
5. It is further urged that this discrepancy could not be explained by the claimants nor the witnesses, accordingly, it clearly appears that in order to
Discrepancies in vehicle identification between FIR and trial do not undermine the Tribunal's findings when supported by credible evidence.
The necessity of producing substantive evidence in rebuttal when contesting findings of fact made by lower courts.
The court established that evidence of negligence and vehicle involvement can be supported by witness testimony, despite initial FIR discrepancies.
The court affirmed that corroborative evidence and the totality of circumstances are crucial in establishing liability in motor vehicle accident claims.
The court affirmed that eyewitness testimony suffices to establish vehicle involvement in accident claims, upholding the MACT's award despite insurers' challenges.
The acquittal of a driver in a criminal case does not negate civil liability for negligence established through sufficient evidence.
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