Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims
Case: Janabai Dinkarrao Ghorpade vs ICICI Lambord Issurance Company Limited
Coram: Justices Hemant Gupta and Vikram Nath
Case No.: SLP (C) 21077 of 2019
Court Observation: “We find that the rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Motor Vehicles Act, 1988 which is summary in nature. There is no reason to doubt the veracity of the statement of appellant No. 1 who suffered injuries in the accident. The application under the Act has to be decided on the basis of evidence led before it and not on the basis of evidence which should have been or could have been led in a criminal trial. We find that the entire approach of the High Court is clearly not sustainable.”
“If the daughters of the deceased have not been impleaded as claimants, it is immaterial as the amount of compensation payable by the tortfeasor will not get enhanced because of the daughters being party to the claim application. It is since the daughters are married, the mother has not impleaded, the daughters as the claimants. It is not really of any consequence as held by the High Court”
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