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MANJIVE SHUKLA
Meena – Appellant
Versus
Anil Kumar Gupta – Respondent
JUDGMENT
Manjive Shukla, J.
Since the order and award dated 11.11.2011 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Lucknow in M.A.C.P. No.190 of 2009 (Smt. Meena and others v. Anil Kumar and others) is under challenge in both the aforesaid appeals therefore, they are being decided by the common judgment.
2. Heard Sri. Balendu Shekhar, learned counsel appearing for the appellants/claimants and Ms. Pooja Arora, Advocate holding brief of Sri. S.C. Gulati, learned counsel appearing for Opposite Party No.2 in F.A.F.O. No. 123 of 2012. Ms. Pooja Arora, Advocate holding brief of Sri. S.C. Gulati, learned counsel has appeared for the appellant and Sri. Balendu Shekhar, learned counsel has appeared for Opposite Parties No. 1 to 4 in F.A.F.O. No. 148 of 2012.
3. Facts of the case, in brief, are that on 12.5.2006 at about 7.00 A.M. while Mr. Sunder Lal was moving on his moped bearing Registration No. UP-32-AB/8094, one Tanker bearing Registration No. UP32-T/6251 which was being driven negligently by the driver, collided with the moped near Neelam Traders, Devpur Tara, Police Station Talkatora, District Lucknow and as a result of the said accident,
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The court established that the burden of proof in negligence claims is on the claimants, requiring only a preponderance of probability to establish liability.
Point of law: The Supreme Court only observed that 12% was ‘too high a rate in comparison to what is ordinarily envisaged in these matters’ and that the decision of the High Court to reduce it to 7.5....
The court established that negligence must be proven with direct evidence, and reliance on unproven documents is insufficient to determine liability in motor vehicle accidents.
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