ANITA SHARMA & ORS. versus THE NEW INDIA ASSURANCE CO. LTD. & ANR.

ANITA SHARMA & ORS. versus THE NEW INDIA ASSURANCE CO. LTD. & ANR.

The High Court erred in disbelieving the solitary independent eye-witness (AW-3) and in placing reliance on a hearsay and belated FIR; in MACT claims the standard is preponderance of probabilities, failure of respondents to cross-examine AW-3 leads to tacit admission, and therefore the Tribunal’s finding of liability against the respondents is upheld. The appellants are entitled to the Tribunal award, with a 40% addition for future prospects; the Tribunal is directed to re-calculate compensation and the insurer to deposit the amount with interest at 8.5% within the stipulated time.

Parties
Appellant Claimants: Anita Sharma & Ors.; Respondent (insurer): The New India Assurance Co. Ltd.; Respondent No.2; Owner Cum Driver of the Car: Sanjeev Kapoor; Deceased: Sandeep Sharma
Jurisdiction
India
Judgment Date
08 December 2020
Procedural Posture
Civil Appeal Arising From Motor Accident Claim (mact) / Appeal to the Supreme Court Decided on Merits
Outcome
Appeal partly allowed
Legal Topics
Compensation, Witness Credibility, Standard of Proof, Future Prospects, Liability, Cross Examination
Motor Vehicles Torts Evidence Insurance Law Civil Procedure Compensation Witness Credibility Standard of Proof +3 more

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Parties

Anita Sharma & Ors.

Appellant Claimants

The New India Assurance Co. Ltd.

Respondent (insurer)

Sanjeev Kapoor

Respondent No.2; Owner Cum Driver of the Car

Sandeep Sharma

Deceased

Procedural Posture

Civil Appeal Arising From Motor Accident Claim (mact) / Appeal to the Supreme Court Decided on Merits

Legal Issues

  1. 1 Whether the accident was caused due to rash and negligent driving of the car driver (Sanjeev Kapoor)
  2. 2 Whether the sole eye-witness (AW-3 / Ritesh Pandey) is a reliable witness and whether the High Court erred in disbelieving him
  3. 3 Whether claimants are entitled to enhancement of compensation including addition for future prospects

Ratio Decidendi

The High Court erred in disbelieving the solitary independent eye-witness (AW-3) and in placing reliance on a hearsay and belated FIR; in MACT claims the standard is preponderance of probabilities, failure of respondents to cross-examine AW-3 leads to tacit admission, and therefore the Tribunal’s finding of liability against the respondents is upheld. The appellants are entitled to the Tribunal award, with a 40% addition for future prospects; the Tribunal is directed to re-calculate compensation and the insurer to deposit the amount with interest at 8.5% within the stipulated time.

Court Disposition

Appeal partly allowed

Orders

  • High Court judgment dated 23.07.2018 set aside
  • Appellants entitled to compensation as awarded by the Motor Accident Claims Tribunal, Sikar