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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
Tata Aig General Insurance Company Ltd. Thru. Its Manager Gomti Nagar,Lucknow – Appellant
Versus
Aman Kumar – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Deepak Kumar Agarwal, learned counsel for the appellant and Shri Praveen Chandra, learned counsel for the respondent no.1. None appeared on behalf of respondents no.2 and 3.
2. This First Appeal From Order (here-in-after referred as F.A.F.O.) has been filed under Section 173 of the Motor Vehicles Act, 1988 (here-in-after referred as M.V.Act) against the judgment and order dated 10.03.2023 and award dated 13.03.2023 passed in Motor Accident Claim Petition No.287 of 2017; Aman Kumar Versus Arun Kumar and others by the Motor Accident Claims Tribunal, Hardoi.
3. Learned counsel for the appellant submits that the First Information Report was lodged with a delay of four months and odd without any explanation for delay because the alleged accident was occurred on 23.04.2017 and the First Information was lodged on 26.08.2017. He further submitted that the First Information Report was lodged alleging the accident from the Motorcycle having Registration No.UP-30-AJ-7710, but the claim petition was filed against the Motorcycle having Registration No.UP-30-AF-7710 and the learned Tribunal has accepted the same on the ground that the application was submi
The court emphasized the necessity for a meaningful inquiry under the Motor Vehicles Act and the obligation of the Tribunal to consider all evidence and applications before rendering a decision.
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
The claimant must establish the occurrence of an accident with corroborative evidence; reliance solely on witness testimony without supporting documentation is insufficient for compensation.
The court established that a final report not filed within the statutory time frame has no evidentiary value, and the failure of police to comply with procedural requirements can lead to unjust acqui....
Claimants must establish vehicle involvement in accidents, and delays in lodging complaints do not negate proof unless they indicate fabrication or inconsistencies.
Point of Law : Benefit under Act, cannot be taken away on a technical aspect that too of limitation, thus, the Trial Court having applied Section 5 of Limitation Act to the fact situation, Court do n....
Point of law: Accident claim – Compensation enhanced - Since the disability is maintained at 12% and the multiplier of 18 is adopted as the claimant was aged 19 years
In civil proceedings under the Motor Vehicles Act, the standard of proof is based on the preponderance of probability, and claimants are not required to prove the accident beyond reasonable doubt. Th....
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