In Brief
The deceased, Krishna Kumar, was killed in a motorcycle accident in 2006. The heirs claimed compensation from the motorcycle owner and the alleged driver (appellant No. 2). The Tribunal found that appellant No. 2 was driving rashly and awarded compensation of Rs.3,85,000. The High Court reversed this, finding the deceased was the driver and therefore contributorily negligent, reducing compensation by 50% to Rs.3,86,500. The Supreme Court held the High Court erred in reversing the Tribunal's carefully reasoned factual finding. Relying on credible eyewitness evidence and the principle of preponderance of probabilities, the Court found appellant No. 2 was indeed the negligent driver. The appeal was dismissed, and the compensation liability under Section 166 of the Motor Vehicles Act was upheld.
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