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(2018)2 SCeJ 1726
SUPREME COURT OF INDIA
16 November, 2018
EVIDENCE - Strict compliance provided in law not required.
Motor Vehicles Act , 1988 – Evidence - Act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer bodily injury or die untimely - The Act is designed in a manner, which relieves the victims from ensuring strict compliance provided in law, which are otherwise applicable to the suits and other proceedings while prosecuting the claim petition filed under the Act - If the Court did not exhibit the documents despite the claimants referring them at the time of recording evidence then in such event, the claimants cannot be denied of their right to claim the compensation on such ground - It was nothing but a procedural lapse, which could not be made basis to reject the claim petition - It was more so when the claimants adduced oral and documentary evidence to prove their case and the respondents did nothing to counter them – Owner and driver exparte - So far as the Insurance Company is concerned, they also did not examine any witness to rebut the claimants’ evidence - The Insurance Company could have adduced evidence by examining the driver of the offending Truck as their witness but it was not done – Claim allowed. (2018)2 SCeJ 1726
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