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SARAL SRIVASTAVA
Vijay Singh – Appellant
Versus
Vth Additional D. J. – Respondent
| Table of Content |
|---|
| 1. accident caused by truck's driver's negligence. (Para 2 , 3) |
| 2. burden of proof lies with respondents to establish appellant's negligence. (Para 4 , 5) |
| 3. proving injuries and liability remains paramount for compensation. (Para 6 , 7 , 8) |
| 4. court affirms proposed compensation is just and reasonable. (Para 9 , 10) |
| 5. insurance company mandated to pay compensation promptly. (Para 11) |
JUDGMENT
Saral Srivastava, J.
Heard learned counsel for the appellant and learned counsel for the respondents.
2. The present appeal has been filed against the award dated 05.12.1998 passed by Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as 'tribunal') in MAC No.196 of 1992, whereby the the tribunal has rejected the claim petition instituted by claimant/appellant.
3. Challenging the award, learned counsel for the appellant has contended that the finding of the tribunal that the accident had taken place due to rash and negligent driving of claimant/appellant is perverse and against the record. It is submitted that the claimant/appellant was driving a maruti car No.UGR/6031 which met with an accident with offending truck No.MKW/9594. It is submitted that it was a spec
A finding of negligence must be substantiated by evidence; the burden remains on the parties contesting liability.
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 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....
Point of Law : Even if by the fact that the driver and the owner did not appear before Tribunal, subject to a rider to prove that the owner proves that he had taken all cautions, recovery right is gr....
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