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Supreme Court of India 2019-02-14 allowed

SUNITA vs RAJASTHAN STATE ROAD TRANSPORT CORPORATION

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

A woman and her minor children sought enhanced compensation after her husband died in a motorcycle-bus collision. The Motor Accident Tribunal awarded Rs. 48 lakhs based on witness testimony and police records showing the bus driver was negligent. The High Court set aside this award, saying the witness was unreliable and the pillion rider wasn't examined. The Supreme Court restored the Tribunal's award, holding that in motor accident claims, proof is judged by preponderance of probability (not criminal standard), witnesses need not be listed in police records if properly cross-examined, and the Tribunal's holistic evaluation of evidence was reasonable and should not be second-guessed through hyper-technical scrutiny.

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Motor Vehicles Act Motor Accident Claims Negligence Compensation Evidence Cross-examination Burden of Proof Standard of Proof High Court Review Criminal Law vs. Civil Law Witness Credibility

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