The Tribunal affirmed the respondent's decision denying the applicant transport accident compensation for severe burn injuries sustained when a fire broke out inside the vehicle he was driving, holding that the applicant could not establish on the balance of probabilities that the fire was directly caused by the driving of the motor vehicle within the meaning of ss 3(1) and 3(3)(c) of the Transport Accident Act 1986 (Vic), as the cause of the fire was unclear and the proposed inferences — that petrol escaped from a container due to driving over potholes — lacked the evidentiary foundation necessary to support them.
The full text is available to signed-in members.