Admittedly, in this case, the claimants have filed the claim petition on 17.10.2001. The Insurance Company filed counter thereafter. This means, the Insurance Company had knowledge that an allegation is made by the claimant with regard to the involvement of the lorry bearing registration No. ABT 3 in this accident. When the Insurance Company had knowledge that the claimants have alleged involvement of the lorry bearing registration No. ABT 3 in the accident, the Insurance Company should verify the facts. The possibility of falsely involving the vehicle in an accident cannot be ruled out. But as seen from the recitals of the counter, the Insurance Company had not taken any specific stand. At one stage, it doubted the involvement of the offending vehicle in the accident and at another stage, the insurance company had pleaded that the deceased himself had contributed to the accident. Thus, the insurance company had no clear view with regard to the involvement of the offending vehicle in the accident. When the Insurance Company entertains a doubt with regard to the involvement of a vehicle in the accident, it should appoint an investigator to enquire into the allegations as to whether a particular vehicle had plied on the particular route at particular time on a particular day or not. Fact should be verified. If the Insurance Company collects any such evidence to establish that the vehicle was not involved in the accident, then, they must contest the matter and adduce evidence in support of their case. When they come to know that the police investigation is false or that a vehicle is falsely implicated in a case, they must approach the superior police officers and see that necessary action is taken against the erring police officers who have filed a false charge-sheet implicating the vehicle which has no involvement in the accident. They must also challenge the charge-sheet in appropriate proceedings. What happened during the course of investigation and how the police have come to know about the involvement of the vehicle and whether it is due to Finding of the driving licence of the driver of the offending vehicle at the place of accident or due to the version of the eye witnesses, all those aspects cannot be gone into at this stage. The possibility of police coming to know about the involvement of a vehicle or an accused through some unknown source also cannot be ruled out. The police officers do commit certain mistakes and involve innocent persons in criminal cases. Due to over enthusiastic attitude also, they commit mistakes. What is the fact is to be ascertained. It has to be seen whether police investigation resulted in finding the truth or not. If at all the findings of the police are found to be totally incorrect, it is for the insurance company to adduce some evidence to show that the contents of the charge-sheet are false. It is a fact that P.W. 2 deposed that the offending vehicle was not stopped at the place of accident. If that version is correct, there is no possibility of falling of driving licence at the place of accident. Admittedly, the accident occurred during the night time. Even if P.W. 2 had witnessed the accident and noted the offending vehicle number, admittedly he did not get down from the lorry in which he was travelling. It appears that it being night time, he could not have observed the place of accident and he might not have observed each and every object fallen at the place of accident. It is only during the course of preparation of panchanama at the place of accident that the panchas and the police are expected to observe each and every item and note them in their panchanama. The very purpose of conducting panchanama and the scene of offence is to show the location of the dead body, location of offending vehicle, time, marks or falling of any other objects at the place of accident.
{Para 19}
20. During the course of arguments, learned counsel for the respondents/insurance company submitted that the version of P.W. 2 that the offending vehicle was not stopped at the place of accident supports the version of the insurance company that there is no possibility of falling of the driving licence of the driver of the offending vehicle at the place of accident. As discussed above, since there is no clear evidence to show the distance between the offending lorry and the lorry in which P.W. 2 was travelling, the version of P.W. 2 that the offending vehicle did not stop at the place of accident need not be given much importance. Of course, this circumstance indicates that P.W. 2 also did not see the occurring of the accident. Even if we discard the evidence of P.W. 2, charge-sheet shows that there are two other eye-witnesses. Unless it is shown that police investigation is false, we cannot reach to a definite conclusion. When there is reasonable doubt in a claim petition arising out of the motor accidents, the benefit of doubt should go to the claimants. The possibility of the driver of the offending lorry stopping the offending vehicle at the place of the accident and looking at the scene and fleeing away from the place of accident also cannot be ruled out. Unless there is reliable evidence to show that the contents of the charge-sheet are false, on mere surmise, it cannot be said that the contents of the charge-sheet or the police investigation is false.
21. Learned standing counsel for the insurance company submitted that the insurance company has appointed the investigator, but however, the report of the said investigator is not available in the records of the insurance company. When such an important document is not filed by the insurance company, normally, adverse inference has to be drawn against the insurance company. Admittedly, none were examined on behalf of the insurance company. Mere taking a plea that the offending vehicle was not involved in the accident or that there is contributory negligence would not help the insurance company in the absence of any reliable evidence in support of their contentions, A pleading cannot be taken as proved unless there is evidence to prove the same.
IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
M.A.C.M.A. No. 2128 of 2005
Decided On: 26.03.2014
K. Rajani Vs. M. Satyanarayana Goud
Hon'ble Judges/Coram:
B. Chandra Kumar, J.
Citation: 2014 ALT 6 3312015 ANWR AP 1 52015 ACC AP 3 2932015 ACJ 7972014 SCC ONLINE AP 418, MANU/AP/0828/2014
Print Page