Smt. Kaushnuma Begum And Ors vs The New India Assurance Co. Ltd. And Ors on 3 January, 2001
14. Furthermore, it is a settled legal position that while deciding a
petition u/s 166 of the M V Act, the Claims Tribunal has to decide
negligence on the touchstone of preponderance of probabilities.
Reference in this regard is made to the observations of the Hon'ble
Supreme Court of India in Kaushnumma Begum and Others v/s New
India Assurance Company Limited, 2001 ACJ 421 SC, wherein it was
held that the issue of wrongful act or omission on the part of the driver of
motor vehicle involved in the accident is of secondary importance and
mere use or involvement of motor vehicle in causing bodily injuries or
death to a human being or damage to property would make the petition
maintainable u/s 166 & 140 of the M V Act.