In Brief
On 10 February 1990, a motorcycle ridden by the appellant collided with a jeep, resulting in amputation of his right leg. The appellant claimed compensation for 40% permanent and 100% functional disability. The Motor Accident Claims Tribunal found the jeep liable but reduced compensation by half, citing the appellant's contributory negligence. The High Court reversed the Tribunal, accepting the jeep owner's defence that the vehicle was not insured and finding insufficient evidence of the jeep's involvement. The Supreme Court restored the Tribunal's core findings, holding that claims are decided on preponderance of probability, not criminal standards. The Court found no evidence of appellant negligence and held the insurer liable under 'pay and recover' principles, awarding Rs. 2,77,792 plus 9% interest.
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