Summary
The Supreme Court removed a 50% contributory-negligence deduction from motor-accident compensation. The Tribunal had reasonably found the tanker driver solely negligent for parking without warning lights in the road at night. The High Court gave no adequate reason to overturn that evidence-based finding. The claimants remained entitled to the High Court’s enhancement in full, without the negligence deduction.
Issues
- Whether the High Court properly reversed the Tribunal’s negligence finding and deducted half the compensation.
Held
- Motor-accident claims are assessed on a preponderance of probabilities, distinct from criminal proof beyond reasonable doubt. The Tribunal applied the proper standard; appellate jurisdiction over fact and law did not justify casually reversing its supported findings without reasons. (¶¶ 5, 8, 9)
- A witness’s ability to see the stationary tanker from the opposite side under nearby lights did not discredit his account that the approaching car driver was unable to spot it because of oncoming headlights. The site plan supported the Tribunal, and the absence of indicator or parking lights was not disputed. The High Court identified no sufficient basis for attributing negligence to the car driver. (¶¶ 3, 4, 5, 8)
- The Tribunal’s finding of sole tanker-driver negligence was restored. The High Court’s enhanced compensation was affirmed, including its stated Rs.2.80 lakh enhancement, and the 50% deduction from total compensation was set aside. (¶¶ 10, 11, 12)
Result
Appeals allowed in the stated terms, without costs. Claimants entitled to the enhanced compensation determined by the High Court in full, without deduction for contributory negligence.