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Supreme Court of India 2019-02-14 allowed

Sunita & Ors vs Rajasthan State Road Transport Corporation & Anr

Bench: 2 — A.M. Khanwilkar

In Brief

Sitaram died in a motorcycle-bus collision. His wife and children claimed compensation from the State Road Transport Corporation. The Motor Accident Claims Tribunal awarded Rs 48.33 lakh after deducting income tax, based on eyewitness evidence and the FIR. The High Court set aside this award, faulting the non-examination of the pillion rider and discrediting the eyewitness because he wasn't named in the police charge-sheet. The Supreme Court restored the Tribunal's award, holding that motor accident claims require proof by 'preponderance of probability' (not criminal-standard proof), and that the Tribunal's holistic evaluation of available evidence was sound. The High Court's technical approach was unjustified.

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Motor Vehicles Act Negligence Personal Injury Compensation Evidence Procedural Law

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