Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 - s.166 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - s.166 - Motor Accident -Right leg of appellant-claimant fractured - Appellant suffered 32% permanent disability- Her leg was shortened by two inch - PW1, one of the witnesses to the accident, took the appellant to the doctor's clinic from where she was referred to a Nursing Home in Hisar - Appellant filed complaint in the office of SSP Hisar which was sent in original by SSP Hisar to SSP Hanumangarh - Compensation claim - Tribunal awarded to the appellant, compensation of Rs.1,36,5471- along with 9% interest - High Court set aside the award of the Tribunal, inter alia, on the ground that none from the office of SSP, Hanumangarh came to prove the complaint; that the testimony of PW. 1 was not reliable and further that the claim petition was filed four months after the accident -Held: Filing of complaint by the appellant is not disputed as it appears from the evidence of PW.3, the Assistant Complaint Clerk in the office of Superintendent of Police, Hisar - Consequently, the decision of the Tribunal cannot be reversed on the ground that nobody came from the office of SSP to prove the complaint - PW1 is not related to the appellant but as a good citizen, he extended his help to her to ensure that she got medical treatment - His evidence cannot be disbelieved just because he did not file a complaint himself - Finding of the High Court that as the claim petition was filed after four months of the accident, the same was "a device to grab money from the insurance company" was perverse in the absence of any material - In a road accident claim, strict principles of proof in a criminal case are not attracted - Judgement of High Court quashed and that of the Tribunal is restored. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 79 |
Petitioner | Parmeshwari |
Respondent | Amir Chand & Ors. |
SCR | [2011] 1 S.C.R. 1096 |
Judgement Date | 2011-01-28 |
Case Number | 1082 |
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