Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - s.166 - Death on account of injuries allegedly sustained in a bus accident caused due to c rash and negligent driving of the bus by respondent no.2 and negligent conduct of respondent no.3-conductor- Deceased was a constable - Claim for compensation - Respondents denied and disputed the factum of bus accident and pleaded false implication by police officials - Tribunal did not believe the respondents' version and accepted the claim of appellant High Court reversed the judgment of Tribunal - Justification of - Held: Not justified - On facts, there was absolutely no reason to falsely implicate respondent nos. 2 and 3 - Fact that FIR had been lodged in relation to an accident could not be ignored - The claimants were merely to establish their case on the touchstone of preponderance of probability - Standard of proof beyond reasonable doubt could not be applied - Judgment of High Court to a great extent was based on conjectures and surmises - While holding that the police might have implicated the respondents, no reason was assigned in support thereof - No material brought on record was referred to by the High Court for the said purpose - Evidence Act, 1872 - s.106. The husband of appellant no.1, a police constable, died on account of injuries allegedly sustained by him in a bus accident caused due to rash and negligent driving of the bus by respondent no.2 and negligent conduct of respondent no.3-conductor. Respondent no.1 owned the bus in question. Appellants filed claim petition for grant of compensation in terms of s.166 of the Motor Vehicles Act, 1988. Respondents denied and disputed the factum of bus accident. According to them, the deceased had died the previous evening and finding the dead body of a person wrapped in a blanket lying at some distance from the bus, they informed the police personnel, but they were falsely implicated. The Tribunal did not believe the respondents version that the police officers had fabricated a false case arid accepted the claim of the appellant. On appeal, the High Court reversed the judgment passed by the Tribunal holding that the deceased might have died in some other accident and that the police officials had wrongly lodged the FIR against the respondents. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 520 |
Petitioner | Bimla Devi & Ors. |
Respondent | Himachal Road Transport Corpn. & Ors. |
SCR | [2009] 6 S.C.R. 362 |
Judgement Date | 2009-04-15 |
Case Number | 2538 |
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