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Supreme Court of India 2020-12-08 allowed

Anita Sharma & Ors vs New India Assurance Co. Ltd. & Anr

Bench: 2 — Surya Kant

In Brief

A motor accident in Uttar Pradesh resulted in the death of an income tax officer, leaving behind a widow, two minor children and mother. The Tribunal awarded compensation of Rs. 16,08,000 based on an eyewitness's credible testimony. The High Court reversed this, disbelieving the witness for not reporting the accident to police. The Supreme Court held that in motor accident claims, the standard is preponderance of probabilities, not proof beyond reasonable doubt. The good Samaritan witness who assisted victims deserved belief despite technical gaps. The FIR, based on hearsay from someone with prior connection to the driver, was unreliable. The Court set aside the High Court's judgment, upheld the Tribunal's award, and granted an additional 40% for future prospects, directing recalculation with 8.5% interest.

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Motor Accident Claims Negligence Evidence Witness Credibility Compensation Insurance Civil Procedure Proof and Burden Preponderance of Probabilities

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