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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

A widow and two minor children of Sitaram, a government school teacher, sought compensation for his death in a motorcycle-bus collision. The Motor Accident Tribunal awarded Rs. 48.33 lakh, finding the bus driver wholly negligent. The High Court reversed this, citing reliability concerns about the eyewitness who was not named in the police charge-sheet and non-examination of the pillion rider. The Supreme Court allowed the appellants' appeal, holding that motor accident claims require the lower standard of preponderance of probability (not criminal proof beyond doubt). The Court restored the Tribunal's award, emphasizing that eyewitness evidence not named in police records can be accepted if it withstands cross-examination, and absence of one potential witness is not fatal when other evidence sufficiently establishes negligence.

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Motor Vehicle Accident Compensation Negligence Evidence Civil Procedure

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