The Supreme Court noted that the model of proof beyond reasonable doubt cannot be applied while considering a claim petition seeking compensation on account of death or injury in motor accident cases. The judges were of the view that the plaintiff have to establish their case on the touchstone of preponderance of probabilities and not on the basis of proof beyond reasonable doubt.
The apex Court was hearing an appeal that challenged the decision of the Kerala High Court which had quashed the final report in a motor accident case, observing that the incident that took place was an unavoidable accident which cannot be attributed to negligence on the part of the appellant’s son.
The Court observed that the High Court made observations which were in the nature of findings which were unnecessary for deciding the validity of the report.
Raghav Sharma, SLCU, Bangalore intern under legal vidhiya
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