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R Padmanabha vs Ellaboina Parvathalu @ E Parvathalu on 10 February, 2020

12. On a consideration of the submissions, and having due regards to the decision of the Hon'ble Supreme Court in 'BIMLA DEVI & ORS. VS. HRTC & ORS.', 2009(13) SCC 530; 'KUSUM LATA & ORS. VS. SATPIR & ORS', 2011 (3) SCC 646; 'PARMESHWARI VS. AMIRCHAND & ORS', 2011 (11) SCC 635, the claimant in a motor accident claim is not required to prove his case beyond all reasonable doubt, and it would suffice, if it is proved by probabilities. There being no independent witness to prove that the deceased himself jumped on the car of the appellant and caused the accident, the finding of the MACT regarding rash and negligent by the driver of the car which is based on Police investigation records, does not warrant interference. It is the duty of a driver to notice other road users and take due care to avoid accidents by anticipating their follies. The appellant having failed in this test, no interference with the award is called for.
Karnataka High Court Cites 5 - Cited by 0 - Full Document
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