Bombay HC: Whether motor accident claim tribunal should rely on evidence of witness who is declared hostile in criminal court relating to same accident?

 

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


Mr. Choudhary, submits that evidence of eye witness is absolutely unreliable. They are got up witnesses. Perusal of evidence of CW 2 Santosh shows that he runs sugarcane juice shop nearby the place of accident and claims himself to be an eye witness. However, during his cross- examination he admitted that he cannot read and write. There is no provision of electric light at the spot of accident. He did not disclose offending vehicle number to any one till police approached him. He cannot tell as to whether it was head on collision between two vehicles as he was at the distance. All these admissions coupled with fact that he turned hostile before the criminal court makes his statement unreliable.

{Para 9}


 IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)


First Appeal No. 1631 of 2024 and Civil Application No. 7984 of 2024 in FA No. 1631 of 2024


Decided On: 21.02.2025


The New India Assurance Company Ltd. Vs. Sangita and Ors.


Hon'ble Judges/Coram:

S.G. Chapalgaonkar, J.

 Citation: 2025:BHC-AUG:4911, MANU/MH/0999/2025.