Motor Accident Death | Kerala High Court Lays Down ‘Twin Conditions’ To Claim Compensation In Plea Alleging Driver’s Negligence
Case: Oriental Insurance Co. Ltd v. V. Babu & Ors.
Coram: Justice A. Badharudeen
Case No.: MACA NO. 350 OF 2012
Court Observation: “The prime question arises for consideration is what are the conditions to be established to claim compensation in a petition filed under Section 166 of the Motor Vehicles Act when the petitioners allege negligence on the part of the driver/rider of the vehicle and death as its consequence? The answer to the above question is; twin conditions must be satisfied in this regard. The first one is proof of negligence on the part of the rider or driver of the vehicle alleged to be involved in the accident and the second one is proof of death of person in consequence of accidental injuries.”
“Thus it is the burden of the petitioners to adduce evidence to satisfy the allegation of negligence attributed against the driver or rider of the vehicle involved in the accident and to prove that the person died due to accidental injuries, since grant of compensation therein is based on the principle of `fault’ liability. It is the settled law that police charge/final report attributing negligence against the tortfeasor/ driver/ rider can be relied on to find negligence, if the contrary is not established otherwise, by means of positive evidence.”
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