Evidentiary appreciation in motor accident claims favours Tribunal findings when supported by witness and medical records.

The Supreme Court held that the bus's involvement in the accident should not have been reversed on a technical reading of the evidence. The Tribunal had relied on oral and documentary material, including an independent witness and a hospital case-sheet recording injury while travelling in a bus, while the respondent failed to produce the log-sheet and control charts that could have supported its denial. The Court found the High Court had ignored the evidentiary material accepted by the Tribunal, restored the Tribunal's award, and set aside the High Court's judgment.

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Issues: Whether the finding that the bus was involved in the accident was liable to be reversed, and whether the award of compensation granted by the Tribunal deserved restoration.

Analysis: The Tribunal had accepted oral and documentary evidence supporting the claimant's case, including evidence of an independent witness and the hospital case-sheet recording injury while travelling in a bus. The respondent did not produce the log-sheet and control charts that could have supported its denial of involvement of the bus. The High Court's interference was held to be based on an unduly technical appreciation of the evidence and to have ignored the evidentiary material accepted by the Tribunal.

Conclusion: The finding of the Tribunal was upheld, the High Court's judgment was set aside, and the award of the Tribunal was restored.

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