VidhiSangh

Supreme Court of India · 17/10/2024

SAJEENA IKHBAL & ORS. versus MINI BABU GEORGE & ORS.

[2024] 10 S.C.R. 786 · 2024 INSC 787

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Summary

In a motor accident death claim dismissed on a finding that the insured car was not involved, the Supreme Court held that finding perverse: the eyewitness could not be rejected merely because the police had not recorded his statement, and the evidence, judged on preponderance of probability, showed the car's involvement. The compensation assessed by the Tribunal was awarded.

Issues

  1. Whether the Supreme Court, in an appeal under Article 136, may examine the evidence where the concurrent finding of non-involvement of the vehicle is challenged as perverse.
  2. Whether the Tribunal and High Court were right in holding that the insured car was not involved in the accident.
  3. Whether a trustworthy eyewitness in a motor accident claim can be disbelieved only because the police did not record his statement during investigation.

Provisions considered

Held

Result

Appeal allowed; judgments of the Tribunal and High Court set aside; claim petition allowed with compensation of Rs. 46,31,496 at 9% interest from the date of the claim petition, payable within three months, failing which interest at 12% per annum; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 786.