Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
In Motor Accident Claims, Preponderance Of Probabilities Must Be Applied; Not Proof Beyond Reasonable Doubt : Supreme Court
The Supreme Court observed that in motor accident claim cases, the principle of preponderance of probability must be applied, not the test of proof beyond reasonable doubt. The bench comprising Justices CT Ravikumar and Prashant Kumar Mishra allowed the motor accident compensation claim of the kin of a bike rider killed in a road accident. The Appellant’s claim was contested by the Respondents, who argued that the car was not involved in the accident. However, the Court found the eyewitness testimony credible and noted that the evidence pointed to the car’s involvement. The judgment authored by Justice Mishra emphasized that a trustworthy witness cannot be disbelieved solely because the police did not record their statement during the investigation. The Court set aside the High Court’s decision and held that the deceased died as a result of an accident involving the car insured with the respondent.