In Brief
The widow, minor child and parents of Ikhbal challenged the dismissal of their motor accident claim. Ikhbal died when struck by a car while overtaking a bus on his motorcycle. The lower courts had disbelieved the eyewitness solely because police did not record his statement during investigation. The Supreme Court held that a credible witness cannot be rejected on this ground alone. Applying the preponderance of probability standard (not beyond-reasonable-doubt), the Court found the car was involved based on physical damage, eyewitness testimony, and the bus driver's account. The judgment was set aside, the compensation of Rs 46,31,496 was awarded with interest.
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