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Supreme Court of India 2024-12-18 allowed

GEETA DUBEY & ORS vs UNITED INDIA INSURANCE CO. LTD. & ORS

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

A widow and son of a deceased man filed a claim for compensation after their husband/father died from injuries sustained in a motor accident caused by a truck. The Motor Accident Claims Tribunal awarded Rs. 50,41,289/- compensation. The High Court, in a brief order, reversed this award, saying the claimants failed to prove the truck's involvement. The Supreme Court held the High Court acted improperly by not carefully examining the evidence. The FIR, eyewitness testimony, police investigation, and charge-sheet all clearly established the truck's involvement. The insurance company's allegation of collusion was unsubstantiated and not discharged. The Court restored the MACT award and held that in such cases, involvement need only be proven on balance of probabilities, not beyond doubt.

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Motor Vehicles Act Tort & Negligence Damages and Compensation Appellate Procedure Burden of Proof Insurance Law Evidence

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