If any evidence contrary to the FIR, the evidence before the Tribunal has to be given weightage over the FIR – SC
October 01, 2021
The 1st Respondent–wife and the 2nd Respondent is minor son of the deceased Mr. Subhash Babu, who died in a road accident on 14.10.2013 aged about 35 years was working as Manager HR in a Private Limited Company. On the date of accident, he was driving Maruti Car– main road from Perumanallur to Erode. It is the case of the respondents–claimants that suddenly, the driver of Eicher van has turned towards right side without giving any signal or indicator. The Claims Tribunal has allowed the claim partly and awarded compensation of Rs.10,40,500/ with a finding that there was contributory negligence on the part of drivers of both the vehicles in ratio of 75 per cent and 25 per cent respectively. On appeal, the High Court by recording a finding that accident occurred only due to the negligence of the driver of the Eicher van and the annual income of the deceased was Rs.12,29,949/-, has awarded a total compensation of Rs.1,85,08,832/-. Aggrieved by the Judgement appellant filed appeal to Apex Court. PW 1 and 2 – the driver of Eicher van has turned towards right side without giving any signal or indicator – no evidence to rebut – held – accident occurred only due to the negligence of the driver of the Eicher van -If any evidence before the Tribunal contrary to the contents in the First Information Report, the evidence which is recorded before the Tribunal has to be given weightage over the contents of the First Information Report. For determination – loss of dependency – assessed the income of the deceased – deceased in permanent job – age of the deceased on the date of the accident – -the future prospects – Appeal Dismissed.
National Insurance Company Ltd.
Versus
Chamundeswari & Ors.
