GURDEEP SINGH - Appellant; Versus BHIM SINGH AND OTHERS - Respondents.

Core ratio / Key holding

Headnote

Motor Vehicles Act - Motor Accident Claims - Technicalities - Compensation

Issues for determination

• Whether a claim for motor accident compensation can be defeated solely on technicalities, such as a discrepancy in the bus registration number, when the claimant's injuries and the occurrence of the accident are otherwise established?

Ratio decidendi

• A claim for motor accident compensation, where grievous injuries are established to have been sustained in a proven motor road accident involving a named entity, should not be defeated on mere technicalities such as a discrepancy in the bus registration number.

Important points

• Held that a motor accident claim should not be defeated on mere technicalities when injuries are established.
• Clarified that in motor accident cases, it is difficult to get witnesses, and the claimant's oath can be relied upon if the accident and injuries are proven.
• Awarded a just and reasonable compensation of ₹3 lacs with 6% interest per annum from the date of accident.
• Liability for payment of compensation was fixed on Respondent Nos. 4 and 5 (owner and driver of the bus), with no liability on other respondents including the insurance company.