Unrealistic to anticipate eyewitness in each accident case, says Karnataka excessive court docket – 7 minute timer

Unrealistic to anticipate eyewitness in each accident case, says Karnataka excessive court docket

BENGALURU: Karnataka HC’s Dharwad bench has noticed that anticipating an eyewitness in each accident case is “far from realistic”, because it dismissed an insurance coverage firm’s petition contesting compensation on the grounds of absence of eyewitnesses.Justice V Shrishananda defined that witnesses to accidents could not want to contain themselves in authorized course of, both because of lack of curiosity or because of unfavorable experiences or perceptions of police.Due to this fact, counting on eyewitness accounts in such conditions is probably not sensible.Younus and Shabbir Ahmed, who run pan stalls, had claimed compensation on the grounds that on Aug 27, 2013, a baggage automobile had hit them close to Mishrikoti Kadankoppa in Hubballi taluk, whereas they had been continuing alongside the Karwar-Hubballi street. They had been awarded Rs 77,350 and almost Rs 1.2 lakh, respectively, by Motor Accident Claims Tribunal, Hubballi, on Aug 30, 2017. Shriram Basic Insurance coverage, the automobile insurer, appealed in opposition to the order in HC.Justice V Shrishananda stated tribunal had considered police data that sufficiently indicated the offending automobile’s involvement. The choose stated driver Suresh had additionally been charge-sheeted for negligent driving.The choose remarked that securing an eyewitness is simple in busy or city areas the place accidents happen, however in rural or much less frequented roads, acquiring eyewitnesses poses challenges for numerous causes.

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