Preponderance Of Probability & Not Strict Principles Of Proof Like In Criminal Case Applicable In Motor Accident Claims

Case: Showkat Ahmad Bhat & others Vs Khazir Mohammad Bhat & others

Coram: Justice Vinod Chaterjee Koul

Case No.: CMAM no. 249/2015

Court Observation: “It is to be kept in mind that in a situation of present nature, the Tribunal has rightly taken a holistic view of the matter and it was to be borne in mind that strict proof of an accident caused by a particular vehicle in a particular manner may not be possible to be done by claimants. The claimants were merely to establish their case on the touchstone of preponderance of probability, and the standard of proof beyond reasonable doubt could not have been applied in the matter relating to payment of compensation in a motor vehicle accident.”

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