PANJIM: The High Court has asked Trial Courts and the Tribunals to be mindful while examining evidence in accident claims and not find faults with non examination of best witnesses. The observation comes over denial to admit the accident victim’s claim petition as she was not able to prove rash and negligent driving resulting in her part disability owing to the accident.
“The Courts/Tribunals have to be mindful that the approach and role of the Courts/Tribunals while examining evidence in accident claim cases ought not to be to find fault with the non-examination of some best eyewitnesses, as may happen in a criminal trial; but instead should be only to analyse the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true,” Justice Sonak said.
