MACC Negligence Principles
Negligence Principles 1 Whether it is necessary for the claimant to prove rash and negligent driving in claim u/s 166 M.V. Act. ? Held Yes. The claim for compensation was filed by parents of the deceased under S.166 and not under S.163A, therefore, the burden to prove an act of rash and negligent driving by the driver of the vehicle was on claimants. If they failed to discharge it by adducing cogent evidence, then rejection of the claim filed by claimants under S. 166 was proper. Surinder Kumar Arora and Anr. v. Dr. Manoj Bisla and Ors., A.I.R. 2012 S.C. 1918. The victim of an accident or his dependents has an option either to proceed under S. 166 or section 163–A of the Act. Once they approach the Tribunal under section 166, they have necessarily to take upon themselves the burden of establishing the negligence of the driver or owner of the vehicle concerned. Oriental Insurance Company Limited Vs Meena Varial, (2007) 3 SCC 4...