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Inconsistent Evidence Leads to Claim Rejection, Rules Supreme Court in Reliance Insurance Case

22Nov

By The Legal ChamberNo Comments

Supreme Court

Inconsistent Evidence Leads to Claim Rejection, Rules Supreme Court in Reliance Insurance Case

The Supreme Court upheld the High Court's decision, emphasizing that a claim petition under motor accident law must be established on a preponderance of probability. However, this standard is not met when the foundational evidence, including the FIR and eyewitness testimony, is found to be unreliable, unsubstantiated, and creates valid suspicion regarding the occurrence of the accident itself. Facts Of The Case: On June 18, 2014, the deceased, husband of the first appellant, was allegedly involved in a hit-and-run road accident at Singasandra crossroad. The accident was claimed to be witnessed by PW2, a neighbour, who testified that the driver of the offending vehicle abandoned the victim's body after promising to take him to a hospital. The wife of the deceased (PW1) was informed by P...

Supreme Court : Wife as Attesting Witness Does Not Invalidate a Will

The Supreme Court held that the High Court erred in framing an additional substantial question of law under Section 100(5) CPC without foundational pleadings, issues, or recorded reasons. A will, once duly executed and proved, must be given effect to, and succession cannot be reopened on a new legal case at the second appeal stage. The testamentary disposition was upheld. Facts Of The Case: The case concerns a dispute over the estate of C.R. Pius and Philomina Pius. The couple executed a registered joint will in 2003, bequeathing their properties to their son, C.P. Francis (the Appellant), subject to the condition that he pay specific monetary sums to his siblings. After the parents' deaths, the other children (Respondents) filed a suit for partition, claiming their parents died intestat...

Supreme Court Rules :You Can’t Claim Property with Just a Will or Power of Attorney

This Supreme Court judgment reaffirms that an Agreement to Sell, General Power of Attorney, Will, or receipt of payment does not constitute a transfer of title under the Transfer of Property Act, 1882. Only a duly registered sale deed confers ownership. The doctrine of part-performance under Section 53A is inapplicable without the transferee being in possession, and a Will must be proved in strict compliance with the Indian Succession Act and Evidence Act. Facts Of The Case: The case involved a dispute over a property in Delhi between two brothers, Suresh Chand (Plaintiff) and Ramesh Chand (Defendant No. 1), after the death of their father, Kundan Lal. Suresh claimed ownership of the property based on a set of documents executed by their father on a single day in 1996, including a Genera...