In Brief
A truck driver's insurer appealed a Motor Accident Claims Tribunal award of Rs 30.42 lakhs compensation to a mason who lost his right leg in a 2016 accident. The insurer argued the victim was a gratuitous passenger and hence not entitled to compensation. The High Court dismissed the appeal, holding that motor accident claims are civil matters decided independently on their own facts and evidence. Police investigation reports cannot override credible witness testimony without formal examination of the investigating officer. Since the tribunal found negligent driving caused the injury and the vehicle was insured, the insurer was liable regardless of the victim's passenger status. The tribunal's calculation using standard multiplier methods was upheld as proper.
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