ORIENTAL INSURANCE COMPANY LTD Vs. MISRI DEVI

JUDGEMENT

(1.) AGGRIEVED by the award dated 21.04.2003 passed by the Motor Accident Claims Tribunal, Kotputli, District Jaipur (hereinafter referred to as "the learned Tribunal"), whereby the learned Tribunal has granted a compensation of Rs.7,00,000/- to the claimants-respondent Nos. 1 to 5 for the loss caused to them due to the death of Shimbhu, the appellant insurance company has approached this Court.

(2.) SHORTLY the facts of the case are that on 03.03.1999, Shimbhu was traveling in a jeep, which was coming to Kotputli. However, when the jeep reached near Roheda, a truck, bearing registration No.HR-47-2414, driven with rashly and negligently collided with the jeep. Consequently, the jeep turned turtle. While, the jeep turned over, another truck, bearing Registration No.RJ-32-G-0478, dashed against the jeep. Due to this twin collition, all the persons of the jeep sustained injuries. Subsequently, on 12.08.1999, Shimbhu died. Since the claimants-respondents had lost the sole bread earner, they filed a claim petition before the learned Tribunal. The appellant-Insurance Company filed its written statements denying the averments made in the claim petition. In order to prove its case, the claimants examined five witnesses, and submitted seventy-two documents. In order to buttress its case, on the other hand, the Insurance Company examined two witnesses, and submitted a few documents. After going through the oral and documentary evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal before this Court.

(3.) A claim petition filed before the learned Tribunal is a civil case. Therefore, before adjudicating upon the evidence, one has to realize a civil case is proved on the basis of probabilities. It is not necessary, and in fact it is never warranted by law, that a civil case has to be proved beyond a reasonable doubt. Hence, this court has to see whether the claimants were able to probablize their case that the deceased had died due to the injuries sustained by him in the accident or not?