Non-Examination Of 'Best Witness' Not Fatal In MACT Cases: SC [Read Judgment]

Ashok Kini

14 Feb 2019 8:37 PM IST

  • Non-Examination Of Best Witness Not Fatal In MACT Cases: SC [Read Judgment]

    “The approach in examining the evidence in accident claim cases is not to find fault with non examination of some “best” eye witness in the case but to analyse the evidence already on record to ascertain whether that is sufficient to answer the matters in issue on the touchstone of preponderance of probability.”

    The Supreme Court has observed that non examination of 'best witness' in Motor Accident Claim cases is not fatal. The bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi observed that a hyper technical and trivial approach should not be adopted in a case for compensation under the Act, in connection with a motor vehicle accident resulting in the death of a...

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