ANIL KUMAR SHARMA Vs. VIRENDER KUMAR SHARMA

JUDGEMENT

(1.) THE Appellant impugns a judgment dated 01.03.2000 passed by the Motor Accident Claims Tribunal (Claims Tribunal) in Suit No.152/1987 whereby the Claim Petition under Section 110-A of the Motor Vehicles Act, 1939 preferred by the Appellant was dismissed on the ground that the Appellant failed to establish negligence on the part of the driver of U.P. Roadways Corporation Bus No.UME-9807 which was allegedly involved in the accident.

(2.) IF the Appellant succeeds in proving the negligence on the part of the First Respondent, this Court will be required to determine the amount of compensation payable to the Appellant.

(3.) IN Bimla Devi and Ors. v. Himachal Road Transport Corporation and Ors., (2009) 13 SC 530, while holding that in a petition for award of compensation, the negligence has to be proved on the touchstone of preponderance of probability, in para 15, it was observed as under:-