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AMAR NATH (KESHARWANI)
Iffco Tokiyo General Insurance Co. Ltd. , Jabalpur – Appellant
Versus
Ram Singh Keer, S/o. Balaram Keer – Respondent
ORDER :
Amar Nath (Kesharwani), J.
Appellant-Insurance Company has preferred this appeal under section 173 of the MOTOR VEHICLES ACT , 1988 being aggrieved by the award dated 22-12-2010 passed by learned Motor Accidents Claims Tribunal, Hoshangabad (M.P.) in MACC No. 16/2010, whereby learned Tribunal has awarded Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) with interest of 6% per annum from the date of filing of claim petition and thereafter, if the payment is not made within two months then the insurance company shall be liable to pay interest @7% per annum.
2. Brief facts of the case are that the son of respondent Nos. 1 and 2 namely Raja aged about 8 years had died in an accident dated 28-9-2009 by a vehicle (Jeep) bearing Registration No. MP-49-0438. The offending vehicle was being driven in rash and negligent manner by respondent No. 4 as a result of which Raja was died on the spot. Report of the incident was lodged at Police Station – Hoshangabad. After investigation, challan was filed against the respondent No. 4 under section 304-A of the INDIAN PENAL CODE and a criminal case was registered before the Court of Chief Judicial Magistrate, Hoshangabad (M.P.) having juri
The main legal point established is the application of principles of negligence and contributory negligence in motor accident claims, along with the interpretation of Sections 147, 148, and 149 of th....
The standard of proof in motor accident claims is preponderance of probabilities, not strict proof, affecting liability and compensation.
In motor accident claims, the standard of proof is based on preponderance of probabilities, allowing claimants to seek compensation irrespective of dependency status if they qualify as legal represen....
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