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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Abdul Moin,J.
National Insurance Company Ltd., Lucknow Thru. Manager / Asstt. Manager – Appellant
Versus
Manorama – Respondent
JUDGMENT :
Abdul Moin, J.
1. Heard learned counsel for the appellants and Shri Ravindra Kumar Dwivedi, learned counsel for the respondents no. 1 to 3.
2. Despite notices having been served on respondents no. 4 and 5 as per the report dated 28.08.2024 nobody has put on appearance on their behalf.
3. Accordingly, the Court proceeds to hear and decide the matter finally.
4. Under challenge is the judgement and award dated 12.04.2024 passed by learned Motor Accident Claims Tribunal, District Sultanpur in Claim Petition No. 264 of 2017 In re: Manorama and others vs Shitla Prasad and others . By the said award learned tribunal has partly allowed the claim petition filed by the claimants and has awarded certain compensation.Being aggrieved instant appeal has been filed.
5. Bereft of unnecessary details, the fact as set forth by learned counsel for the appellants is that one Shri Ram Kailash, who was working as a Khalasi on a truck bearing no. UP 44 AT 0404, died on 27.05.2017. The claimants, of which claimant no. 1 is the wife of the deceased, the claimant no. 2 is daughter of the deceased and claimant no. 3 is the mother of the deceased, filed the claim application before the learned tribunal
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Once a charge-sheet is filed, it is not justifiable for the Tribunal to find negligence contrary to the findings in the charge-sheet merely because of some material in the scene mahazar
Negligence in motor vehicle accidents can be established through a charge sheet, and insurance liability persists unless proven otherwise.
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.
The standard of proof in motor accident claim cases is one of the preponderance of probabilities rather than principles beyond a reasonable doubt.
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