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HIRDESH
Vijay Kumar Sharma S/o Ramgopal Sharma – Appellant
Versus
Pradeep Kumar S/o Balaprasad Chourasiya – Respondent
ORDER :
1. This appeal has been filed by owner of the offending vehicle/appellant under Section 173(1) of Motor Vehicles Act being aggrieved by the award dated 21.12.2022 passed by 6th MACT, Chhatarpur in MACC No.199/2021 whereby the Tribunal awarded a total sum of compensation of Rs. 2,90,244/-with interest of 6 percent per annum from the date of filing of the petition till realization to the claimant by way of compensation on account of injury to Pradeep Kumar in the motor Accident which allegedly took place on 28.09.2020.
2. Brief facts of the case are that on 28.09.2020, the claimant came to his house Maharajpur from Chhatarpur on motorcycle. One Sachin was sitting on the motorcycle at 04:15 pm when he reached in front of house of Rajesh Maheto, Gadi Malhara, he stopped his motorcycle. Then from the Gade Malhara side respondent No. 1, driving the offending vehicle JCB, bearing registration No. MP-16 DA0415 in rash and negligent manner dashed the claimant due to which claimant received injury on his body. He was taken to District Hospital Chhatarpur for treatment and Dr. Mukesh Prajapati informed Police Choki Campus Chhattarpur.
3. In the accident claimant received fracture in femu
The presumption of guilt of the driver of the offending vehicle if a charge sheet is filed after investigation, and the shift of burden of proof to the appellant to prove the claimant's negligence.
The proper attribution of negligence in traffic accidents requires a thorough consideration of evidence, with the court upholding tribunal awards as just
The burden of proof in negligence cases lies with the party disputing the charge sheet, necessitating comprehensive evidence for claims.
The preponderance of probabilities in MACT cases and the prima facie inference of rash and negligent driving in a criminal case against the driver influenced the court's decision.
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