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Evidence before Tribunal is of higher weightage than FIR

In National Insurance Company Ltd. vs Chamundeswari & Ors., the insurer appealed against the order of the High Court. The High Court had overturned the order tribunal which had found contributory negligence, by recording a finding that accident occurred only due to the negligence of the driver of the Eicher van. The primary objection of the insurer was that the High Court had ignored the FIR which had clearly pointed towards contributory negligence.

The Supreme Court however held that if any evidence before the Tribunal runs contrary to the contents in the First Information Report, the evidence which is recorded before the Tribunal has to be given weightage over the contents of the First Information Report. Whether driver of the vehicle was negligent or not, there cannot be any straitjacket formula. Each case is judged having regard to facts of the case and evidence on record.

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