AI Overview...
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Cd Cannot be Marked in Evidence before Mact - The sources do not explicitly address the issue of whether a Cd (likely a document or evidence) can be marked before the Motor Accidents Claims Tribunal (MACT). However, they highlight the importance of proper evidence marking and re-appreciation of evidence in legal proceedings.
The Managing Director Metropolitan Transport Corpn VS Kanniammal - Madras, Oriental Insurance Co. Ltd. VS Ramnarayan Chimanlal Madan - Gujarat -
Evidence and Negligence - The first source emphasizes that the court upheld negligence findings based on re-evaluated evidence, with legal heir certificates and other documents being marked as evidence. No evidence was marked by the appellant/respondent, and the evidence did not support their claims about the deceased’s attempt to enter the moving bus.
The Managing Director Metropolitan Transport Corpn VS Kanniammal - Madras -
Assessment of Negligence in Motor Accident Claims - The second source discusses the assessment of negligence in a motor accident claim, noting that the insurance company's evidence was insufficient to establish more than 10% negligence attributable to the claimant, with the primary negligence lying with the driver. It underscores the importance of cogent evidence in establishing negligence levels.
Oriental Insurance Co. Ltd. VS Ramnarayan Chimanlal Madan - Gujarat
Analysis and Conclusion:
The references do not directly address whether a Cd can be marked in evidence before the MACT. Nonetheless, they underline the significance of proper evidence marking and re-evaluation in legal proceedings. The first case demonstrates that relevant documents (like legal heir certificates) are marked and considered in evidence, while the second highlights the importance of cogent evidence in establishing negligence and liability. Therefore, in practice, evidence (possibly including Cd) should be properly marked and admitted before the tribunal to be considered valid in decision-making.
Search Results for "Cd Cant be Marked in Evidence before Mact"
2008 0 Supreme(Mad) 2480 • India - Madras
P.R.SHIVAKUMAR
Ratio Decidendi: The court upheld the finding of negligence based on re-appreciation of evidence and confirmed the compensation ... The legal heir certificate marked as Ex.A4 shows that the respondents/petitioners are the wife and sons of the deceased. ... No document was marked on the side of the appellant/respondent. ... 3. ... It is not his evidence that the deceased attempted to enter into the moving bus and in such an attempt he fell down and caught under the wheel. ... The Tribunal framed necessary issues and co....
2016 0 Supreme(Guj) 572 • India - Gujarat
K.J.THAKER
The present appeal is filed against the grant of insurance claim by Motor Accidents Claims Tribunal (MACT)—Appellant contends that ... He further submitted that looking to the evidence of Dr. ... His negligence in absence of any evidence led by insurance company cant be more than that of the driver of matador and therefore, his negligence can be said to be 10% in contributing to the accident as it was curve and the claimant should have seen that the matador is coming but the way he was running ... That there is no cogent....
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