VidhiSangh

Supreme Court of India · 27/04/2018

MOHAR SAI AND ANR. versus GAYATRI DEVI AND ORS.

[2018] 4 S.C.R. 509 · 2018 INSC 429

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Summary

The Supreme Court dismissed the motorcycle owner and driver’s appeal against accident compensation. The High Court had wrongly reversed the Tribunal’s finding that the owner’s son drove negligently, selectively relying on defence accounts while overlooking reliable evidence of who rode where shortly before the accident. Applying preponderance of probabilities, the Court sustained liability and refused to substitute no-fault compensation. It left the Rs.3,86,500 award with interest undisturbed and expressly did not examine the unchallenged fifty per cent contributory-negligence deduction.

Issues

  1. Whether the High Court properly reversed the Tribunal’s finding identifying the negligent rider.
  2. Whether the appellants could restrict compensation to no-fault liability.
  3. What could be examined despite the claimants’ absence of a cross-appeal.

Held

Result

Appeal dismissed without costs. Award of Rs.3,86,500 with 7.5 per cent annual interest from the claim petition until realisation left undisturbed; no ruling endorsing the unchallenged fifty per cent deduction.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 509.