VidhiSangh

Supreme Court of India · 14/02/2019

SUNITA & ORS. versus RAJASTHAN STATE ROAD TRANSPORT CORPORATION & ANR.

[2019] 3 S.C.R. 329 · 2019 INSC 200

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Summary

The High Court wrongly reversed a reasoned motor accident compensation award by applying an unduly strict standard of proof and rejecting an eyewitness for minor reasons. Negligence had to be assessed on a preponderance of probabilities from the evidence as a whole. The Supreme Court restored the Tribunal’s award of Rs.48,33,235 with interest and its apportionment, while declining enhancement.

Issues

  1. Whether omission of an eyewitness from the criminal charge-sheet, non-examination of the pillion rider and the site plan justified rejecting the motor accident claim.
  2. Whether the claimants could seek enhanced compensation in the present appeal.

Held

Result

Appeal allowed; High Court judgment set aside and Tribunal’s award dated 14 December 2016 restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 329.