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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
S.G.PANDIT, GEETHA K.B.
New India Assurance Co. Ltd. – Appellant
Versus
Mallikarjun S/o. Adiveppa Ghodageri – Respondent
ORDER :
(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)
MFA No.102865/2022 is filed under Section 173 (1) of Motor Vehicles Act, 1988 (for short, ‘Act’) and MFA Crob. No.100011/2024 is filed under Order XLI Rule 22 of C.P.C. challenging the judgment and award dated 01.07.2022 passed in MVC No.425/2020 on the file of IV Additional District Judge and MACT-V, Belagavi (for short, ‘Tribunal’).
2. MFA No.102865/2022 is filed by the Insurer on the ground that no accident had taken place and the motor cycle is falsely implicated in the case; whereas MFA Crob. No.100011/2024 is filed by the claimants praying for enhancement of compensation.
3. The parties would be referred with their ranks as they were before the Tribunal for convenience and clarity.
4. The case of claimants before the Tribunal in nutshell is that on 22.04.2019, the wife of claimant No.1, who is the mother of claimants No.2 and 3, had been to attend Jathra at Savalagimath and while returning back, she was the pillion rider of Hero Honda HF Deluxe motor cycle bearing Reg.No.KA-49/S-4982 while respondent No.1 was riding said motor cycle; when it came near Matagar Factory on Hidakal Dam Road, at about 15:30-15:35 hours, she fell down
The court ruled that claims of accident liability must be supported by credible evidence; in this case, historical medical records proved the death resulted from a self-fall rather than motorcycle in....
Claimants must establish vehicle involvement in accidents, and delays in lodging complaints do not negate proof unless they indicate fabrication or inconsistencies.
The claimant must establish the occurrence of an accident with corroborative evidence; reliance solely on witness testimony without supporting documentation is insufficient for compensation.
Accident claim - Since the clinching rebuttal evidence clearly demonstrates that the claimant himself was riding the bike and on account of his own negligence he sustained injuries, the claimant cann....
The standard of proof for establishing a road traffic accident is that of preponderance of probabilities and not beyond reasonable doubt. Strict principles of evidence and standards of proof in MACT ....
The claimant must provide clear evidence of the accident involving the offending vehicle to establish liability for compensation under motor vehicle legislation.
Strict rules of Evidence Act are not applicable in the proceedings under MV Act.
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