Proof of -- FIR was registered on the very next day at the instance of PW-2 -- It was specifically recorded that the offending vehicle was coming on wrong side and hit the car from front -- Evidence produced by the claimants was not rebutted by the insurer -- In cases under the Act, onus of proof is not as strict as in criminal cases -- Claimants have to establish their case merely on the touchstone of preponderance of probabilities – Held, claimants have been able to prove the involvement of the offending vehicle and the fact that the accident was caused due to rash and negligent driving of the said vehicle.
(P&H HC) Decided on:06.05.2019