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Supreme Court of India 2018-04-27 dismissed

Mohar Sai and Anr vs Gayatri Devi and Ors

Bench: 2 — A. M. Khanwilkar

In Brief

In a motor accident on 14 November 2006, a motorcycle carrying three persons met with an accident, resulting in the death of one rider. The Tribunal found the motorcycle was driven by appellant No. 2 (Prem Lal) in a rash and negligent manner and awarded Rs. 3,85,000 compensation to the deceased's heirs. The High Court reversed this finding, concluding the deceased was the driver and ordered only 50% compensation (Rs. 3,86,500). The Supreme Court restored the Tribunal's finding, holding the High Court erred by reversing the well-supported factual conclusion based solely on interested witness testimony, contrary to the preponderance of probabilities standard in motor accident cases.

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Motor Vehicles Tort Law Negligence Compensation Motor Accident Claims Evidence Reversal of Findings of Fact Appellate Jurisdiction

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