ANISHABEN SHARIFBHAI SOLANKI Vs. SACHINBHAI BHARATBHAI SUVAGIYA

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the Appellants-Original Claimants being aggrieved and dissatisfied with the Judgment and Award, dtd. 4/9/2024 passed by the Motor Accident Claims Tribunal, Junagadh in Motor Accident Claim Petition No.11 of 2020.

(2.) Brief facts of the case are as under:

(3.) Learned Advocate for the Appellants would submit that the learned Tribunal committed serious error in facts of the case believing that the offending vehicle is not involved in the Road accident. He would further submit that not only in a Written Statement, it is contended by the Driver and Owner of the vehicle that the offending vehicle is involved in the Road accident. He would further submit that there are other evidences in form of Spot Panchnama, Charge-sheet, etc. so also deposition of the Claimant - widow of the deceased, who is Eyewitness to the incident, which demonstrate that the deceased while walking on the road hit by Motorcyclist and thereby, the deceased fell on the road and died. He would further submit that in a Claim Petition filed either under Sec. 166 or 163-A of the MV Act being a Summary proceeding, the Claimants are not required to lead evidence in form of proving it beyond reasonable doubt. He would further submit that leading evidence in nature of preponderance of probabilities is sufficient which the Claimant has led before the learned Tribunal and yet, the learned Tribunal taking strange approach to dismiss the Claim Petition noting some minor inconsistency, which does not go to the root of the case and therefore, he prays to allow this First Appeal.