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january 2014

Supreme Court of India · 2014-01-28

LACHOO RAM vs HIMACHAL ROAD TRANSPORT CORPN.

Citation / case number
SC 2005/25712
Court
Supreme Court of India
Petitioner
LACHOO RAM
Respondent
HIMACHAL ROAD TRANSPORT CORPN.
Author
SHIVA KIRTI SINGH
Bench
P SATHASIVAM,RANJAN GOGOI,SHIVA KIRTI SINGH

Judgment text excerpt

The Supreme Court held that the High Court erred in substituting its findings for those of the Motor Accident Claims Tribunal, which had determined compensation based on the preponderance of probabilities as per established principles of tort law. The Court emphasized that the High Court's requirement for a higher degree of proof akin to a criminal trial was inappropriate in civil proceedings under the Motor Vehicles Act. Consequently, the Supreme Court restored the Tribunal's award of Rs. 2,74,000/- to the appellants, including interest at 12% per annum from the date of the claim petition.

LACHOO RAM vs HIMACHAL ROAD TRANSPORT CORPN. · Niyam