Eyewitness credibility trumps procedural lapses in hit-and-run cases

The Supreme Court dismissed the appeal filed by the claimants challenging the High Courtโ€™s reversal of the Tribunalโ€™s award in a motor accident claim arising from a hit-and-run incident in Rajamma vs M/S Reliance General Insurance Co. Ltd on September 26, 2025. The claimants alleged that the sole breadwinner of their family, the husband of the first appellant, died in a road accident, witnessed by a close family associate, and that the offending vehicleโ€™s driver had abandoned the victim under false pretenses.

The Tribunal had originally awarded Rs.16,02,000/- to the claimants, relying primarily on the testimony of of the deceased and eyewitness. The insurance companyโ€™s objections, including allegations of fraud and lack of vehicle involvement, were rejected by the Tribunal, which noted the absence of rebuttal evidence and the failure to examine the driver. The High Court, however, reversed the award, questioning the veracity of eyewitness; testimony and the procedural irregularities regarding the FIR, including its initial registration at a police station without jurisdiction.

The Supreme Court noted that the FIR registered at Hebbagodi Police Station, though delayed in transfer, contained a typographical error regarding the time of the accident and did not affect the substantive claim. However, wife’s testimony was found unreliable: her account was inconsistent, she was an unverified chance witness operating a fruit stall, and she failed to properly identify the vehicle or its driver.

The Court also noted that the victimโ€™s daughter was not examined, further weakening the evidentiary basis. On these grounds, the Supreme Court held that the High Courtโ€™s findings rejecting the claim were justified. The inconsistencies in witness testimony and lack of supporting evidence undermined the claimantsโ€™ case. The appeal was therefore dismissed in its entirety, affirming the High Courtโ€™s order and requiring no further intervention.

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Why Consulting a Lawyer for Wills Is Very Important for Proper Estate Planning

Estate planning is not only for wealthy or elderly people, but something every responsible person must undertake. A properly prepared plan will ensure your property goes where you want it to go and your loved ones are well protected. But doing it yourself subjects you to legal issues, confusion, or conflict. Consulting a Lawyer for Wills is a smart and essential move.

What is a Will and Why Does it Matter?

A will is a statement that describes how your money, belongings, and property will be distributed after you pass away. It also enables you to name guardians for your children, choose an executor to manage your estate, and make any special wishes.

Maintaining a legally valid and clear will ensures:

  • Your home is safe with us.
  • Your family avoids unnecessary legal issues.ย 
  • Misunderstandings and conflicts are reduced.
  • Your minor children are safe and protected.

The Risks of Writing a Will Yourself

Most people try to write their wills using online forms or copying from the web. It is a cost-saving and simple way, but it has several risks:

1. Legal Validity Issues

Wills must comply with certain legal requirements if they are to be valid. Your will may be challenged or even declared invalid if it does not meet local law.

2. Ambiguities in Language

Unclear instructions or wrong phrasing may lead to confusion and misunderstanding. A precise legal language used by an Attorney for Wills is free from such problems.

3. Missing Key Clauses

A DIY will can lack essential clauses such as residuary clauses, revocation of earlier wills, or distribution based on stated assets, which can lead to problems in the future.

4. Family Conflicts

Incorrect or legally suspect wills often lead to family conflicts. A professional will prevent these risks by making their desires clear.

The role of a Wills Lawyer in Estate Planning

Employing a Lawyer for Wills does more than producing a document. Their advice makes your estate plan legal, tailored to your needs, and functional.

1. Right Asset Allocation

A lawyer helps you list all your assetsโ€”movable and immovableโ€”and ensures proper distribution to avoid future claims or confusion.

2. Legal Language and Tax Implications

Estate planning involves words like probate, executors, guardianship, etc. A lawyer clarifies all these and helps you plan in such a way that reduces the tax burden.

3. Safeguarding Vulnerable Beneficiaries

If you have children, elderly parents, or differently-abled dependents, a lawyer helps you plan their financial security legally and correctly.

4. Changing the Will When Required

Your situation can changeโ€”marriage, kids, getting new properties, etc. A lawyer for wills helps you revise and update the will as situations require better match your current situation.

When to Talk to a Lawyer About Wills?

While it’s never too early, some life situations force one to consult with an attorney:

  • After marriage or divorce
  • Concept of a child
  • Purchase of property or valuable assets
  • Starting a business
  • Aging or health problems

Even if you already have a will, having it updated by an attorney ensures that it is valid and reflects your current wishes.

Myths Surrounding Employing a Lawyer to Make Wills

Let’s clear some myths that stop people from availing the services of experts:

1. “I Don’t Own Much”

Even if you have little property, a will ensures that they are transferred to the right people without involving the courts.

2. “Lawyers Are Expensive”

Several lawyers offer affordable will-writing packages. Not having a valid will can cost many times more in legal costs and disputes.

3. “I Can Do It Online”

Online templates cannot address unique personal or legal circumstances. An individualized recommendation that no template can give is provided by A Lawyer for Wills.

Role of a Will Lawyer in Preventing Probate Delays

Probate is a court procedure of validating a will and distributing property. A poorly drafted will can make this time-consuming and expensive. An attorney ensures that:

  • The will is crafted to simplify probate.
  • There are witnesses and signatures in place.
  • Executors are duly nominated.

This reduces downtime and provides faster access to assets by your family.

Final Thoughts

Estate planning is not so much about moneyโ€”it’s about peace of mind, family unity, and leaving a clear path. Working with a Lawyer for Wills gives you the peace of mind that your wishes will be followed and your loved ones will be cared for properly. 

Don’t wait for the “right time.” The right time is always now. Regardless of whether your estate is great or small, ensure that your will is legally satisfactory and appropriate to your situation by way of professional guidance. 

If you are considering writing or amending your will, you can go ahead and look for such qualified professionals as a Lawyer for Wills who will assist in simplifying the details for you in easy and understandable language.

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