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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PAVAN KUMAR DWIVEDI
New India Assurance Co. Ltd. – Appellant
Versus
Seema – Respondent
ORDER :
PAVAN KUMAR DWIVEDI, J.
The appellant / Insurance Company has filed this Misc. Appeal under Section 173(1) of the MOTOR VEHICLES ACT , 1988 against the award dated 15.03.2023 passed by the Additional Member, Motor Accident Claims Tribunal, Dharampuri, District Dhar (M.P.) in MACC No.13/2020 on the ground of false implication of the vehicle.
2. The facts giving rise to the case are that on 29.10.2019 at around 9:30 PM, the deceased Sunil was going on his motorcycle bearing registration number MP-09-NL-3935 to Indore via Manpur, when he reached near Bhondiya Talab, an Eicher vehicle bearing registration number MP-09- GE-9694, which was being driven by respondent No.5 in a rash and negligent manner, collided with the motorcycle of the Sunil. The driver of the Eicher dismounted from the vehicle and examining Sunil but when by standers began approaching, he fled the scene towards Pithampur. Thereafter, eyewitnesses to the accident informed the police.
2.1 The respondents No.1 to 4 / claimants filed a claim petition under Section 166 of the MOTOR VEHICLES ACT , 1988 claiming compensation for the death of Sunil. The Claims Tribunal, after considering the evidence on record, conclud
In motor vehicle accident claims, proof is required on a preponderance of probabilities rather than beyond reasonable doubt; the insurance company's failure to provide witness testimony undermined it....
Claimants must establish vehicle involvement in an accident on the preponderance of probability; mere delay in FIR does not negate claims if credible evidence exists.
The court affirmed that corroborative evidence and the totality of circumstances are crucial in establishing liability in motor vehicle accident claims.
The court established that the determination of vehicle involvement in accidents relies on the preponderance of probabilities, and the burden of proof lies with the party denying involvement.
(1) Appeal under Section 173 of Motor Vehicles Act, is essentially in nature of first appeal like Section 96 of Civil Procedure Code – High Court is under legal obligation to decide all issues both o....
The necessity of producing substantive evidence in rebuttal when contesting findings of fact made by lower courts.
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