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IN THE HIGH COURT OF CHHATTISGARH
PRITINKER DIWAKER, J
Vijay Laxmi M. and Another v. Laxmi Prasad Yadav and Others
| Table of Content |
|---|
| 1. consent to final hearing of the case. (Para 1 , 2) |
| 2. facts of the accident and claim by the appellant. (Para 3 , 4) |
| 3. contention regarding evidence standards in claim cases. (Para 5) |
| 4. insurance company argues against liability. (Para 6 , 7) |
| 5. court's preliminary observations on the case. (Para 8 , 9) |
| 6. judicial precedent on negligence and testimony in accident cases. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. insurance company admits vehicle's involvement in the accident. (Para 19 , 20 , 21) |
| 8. court's assessment of evidence and law error by the tribunal. (Para 22 , 23) |
| 9. court's decision to remand the case for re-evaluation. (Para 24 , 25 , 26) |
1. With the consent of the parties, the matter is heard finally.
2. Challenge in this appeal filed under S.173 of the Motor Vehicles Act, 1988 is to the award dated 4.9.2015 passed by the Motor Accidents Claims Tribunal, Bilaspur (CG) (in short 'the Tribunal') in MACT No. 50 of 2015 dismissing the case of the claimants for compensation of Rs. 20,50,000.
3. Brief facts of the case are that on 25.2.2012 one M. Manoj alias Nanni Rao, son of the appellants - claimants, met with an accident when his motor cycle collided
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