The aforesaid pronouncements indicate that the legal position has crystallized to the effect that the Tribunal constituted under Section 165 of the M.V. Act, 1988, is not to be hidebound by the strict rules of procedure and evidence. In the light of the jurisdiction exercised by the Tribunal, it is enjoined to take a holistic view of the matter, and, on the basis of the material placed before it, arrive at a justifiable conclusion as regards the involvement of the vehicle and negligence on the touchstone of preponderance of probability. Such a finding of involvement and negligence can, in a given case, be based on the report filed by the police under Section 173 of the Code, post investigation into the report of death or injury having been caused by driving the vehicle in a rash and negligent manner. There is no warrant to discard the investigation papers as untrustworthy. Often they reflect the contemporaneous state of affairs. {Para 12}
IN THE HIGH COURT OF BOMBAY
First Appeal No. 1072 of 2007
Decided On: 04.12.2021
The United India Insurance Co. Ltd. Vs. Vajarabai Narayan Sadaram and Ors.
Hon'ble Judges/Coram:
N.J. Jamadar, J.
Citation: MANU/MH/3952/2021.
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