Motor Vehicles Act, 1988
Section 166—Compensation—Award granted by Tribunal was set aside by the High Court—Appeal—First appellant and her husband had received injuries in an accident in which she lost her husband—Rule of evidence to prove charges in a criminal court cannot be used while deciding an application under Section 166 of the Motor Vehicles Act, which is summary in nature—No reason to doubt the veracity of the statement of first appellant, who suffered injuries in the accident—Application under the Motor Vehicles Act has to be decided on the basis of evidence led before it and not on the basis of a criminal trial—Entire approach of the High Court is not sustainable—Non-impleading daughters as the claimants is not really of any consequence—Appellants have not filed any appeal seeking enhancement of compensation awarded by the Tribunal before the High Court—Appellants entitled to enhanced compensation—In exercise of powers conferred under Article 142 of the Constitution of India the amount of compensation is enhanced—Appeal allowed.
[Paras 10 to 12 & 15]
Decision : Appeal allowed