In Brief
This appeal addresses whether a High Court properly reversed a Motor Accident Claims Tribunal's finding of sole negligence by the Gas Tanker driver. A Maruti Car collided with a parked Gas Tanker (without lights or indicators) on a busy highway at night, killing two occupants and injuring two children. The Tribunal found the tanker driver solely negligent based on eyewitness testimony and evidence. The High Court reversed this, imposing 50% contributory negligence on the deceased driver and reducing compensation by half. The Supreme Court held the High Court committed manifest error. Motor accident claims require only preponderance of probability, not criminal-standard proof. The Tribunal's well-considered finding, supported by credible evidence, could not be casually overturned without specific reasons. The Court restored the Tribunal's finding and awarded full compensation without deduction.
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