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Supreme Court of India 2018-02-09 allowed

Archit Saini and Anr vs Oriental Insurance Company Ltd. and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

A motor accident occurred when a parked gas tanker without indicators or parking lights was struck by a Maruti car at night on a busy highway, killing the car's driver and a passenger. The Motor Accident Claims Tribunal found the tanker driver solely negligent. The High Court reversed this, finding 50% contributory negligence by the car driver and awarded only half compensation. The Supreme Court set aside the High Court's decision, holding that motor accident claims require only preponderance of probability (not criminal-standard proof), and the Tribunal's well-reasoned factual finding must not be casually overturned. The Court restored full compensation to the claimants without any deduction.

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Motor Vehicles Act Tort Law Accident Claims Negligence Contributory Negligence Motor Accident Claims Tribunal

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